Binnersley appears as guest speaker at the Rotary Club Hong Kong South
Dispute partner, Nigel Binnersley, appeared as a guest speaker at the Rotary Club Hong Kong South on 19 March 2020. Speaking on the topic of “Cures and Relief from Non-Performance – Force Majeure and Other Measures” Nigel provided insight into Force Majeure.
Force majeure is the legal concept dealing with uncontrollable circumstances that prevent someone or some party from fulfilling a contract. He noted that force majeure clauses are often copied and pasted into contracts without considering its effect, unless and until one party attempts to rely on the clause. In view of the crisis over the past 12 months and the recent outbreak of COVID-19, Nigel comments that we may have come to a time when force majeure may need to be invoked. He elaborated on the issues to be considered before raising force majeure and other measures, such as limiting liability and damages, and/or reviewing insurance policies, that can be adopted to strengthen legal positions.