Ebola & Isis: Force Majeure Under The Standard Forms

This 41st issue of Insight (i) examines what force majeure is, (ii) considers the approach of the domestic standard forms to situations such as the Ebola pandemic and the ISIS threat, and (iii) provides practical tips for those who might be affected by force majeure on how to mitigate the risks that might arise.

Whilst it is unlikely in the most part that the threats posed by ISIS and Ebola will ever materialise, the existence of these threats has certainly caught the attention of the business community. Ebola has caused significant trading delays and disruption in West Africa: the export of commodities is being affected (as a result of which commodity prices have increased); a number of airlines have cancelled flights; there are areas where travel is either restricted or difficult; and some contractors have declared force majeure. The ISIS threat has caused similar problems in western Iraq and north of Baghdad, where trade sanctions and embargoes have also been