Coronavirus (COVID-19) pressure points—Force majeure considerations in a potential ‘second wave’ of coronavirus

Table of contents

• The law
• Dealing with current force majeure relief when initial restrictions are lifted
• Preparing for and dealing with a second wave of restrictions
• What should companies do now to prepare for a second force majeure event?

Article summary

Commercial analysis: As many countries contemplate an easing of coronavirus (COVID-19) lockdown restrictions following a downturn in cases, scientists and politicians are warning of the possibility of a ‘second wave’ of coronavirus cases which would then require a reimposition of restrictions. We are already seeing this in certain Asian countries. Emma Schaafsma, Sarah Pollock, Maura McIntosh and Julie Farley of Herbert Smith Freehills consider the impact of a second wave of coronavirus on contracting parties and force majeure claims.