Craig Shepherd and Arnold Hoong have recently published an
article in the Global Arbitration Review's Asia-Pacific
Arbitration Review 2023 on the contractual effects of sanctions on
construction projects. The article explored the effect of sanctions
on contractual obligations within projects in the Asia-Pacific
region as well as globally, and discusses what project owners and
contractors should look out for.
The article takes another look at force majeure and frustration
in light of sanctions, whilst also highlighting the benefits of
material adverse change clauses (or hardship provisions) as a
customisable way for parties to improve project management,
predictability and stability. Below are some of the key takeaways
from the discussion.
