Recent civil unrest and violence in Libya raises grave political
and humanitarian concerns. The uncertainty within the region is
also a significant commercial issue; particularly for those in the
oil and gas sector. For contractors, producers and downstream
distributors, international sanctions and the evacuation of foreign
oil and gas employees from Libya raise questions concerning the
impact of the recent events on their contractual obligations and
their viable legal options in response.
Typically, in these circumstances, a party might turn to a force
majeure clause within their contract. Force majeure clauses have
long been included in commercial contracts to excuse
non-performance of contractual obligations when certain
circumstances occur. These circumstances normally include events
such as war, riots, and acts of God. As typically set out in the
contract, these circumstances are unforeseeable and outside the
control of the parties and, as a matter of course,
