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Force Majeure and Hardship in Commercial Contracts: Managing Risk in Times of Uncertainty

Posted on 08/09/2026

Introduction

Commercial contracts are designed to allocate risks between the parties and establish a clear framework for performance. In practice, however, circumstances may arise after a contract has been signed that materially interfere with the assumptions on which the parties originally agreed.

Geopolitical instability, armed conflicts, government restrictions, sanctions, disruption of international trade routes, supply-chain interruptions, substantial increases in energy and transportation costs, shortages of essential materials, and other extraordinary developments can all affect the ability of businesses to perform their contractual obligations.

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