A dispute over a ship stranded in the Black Sea raised two interesting points on force majeure: the meaning of ‘unforeseeable’ and whether a notice requirement was a condition precedent. Inerco agreed to sell Ukrainian corn to ADM Israel, due to be shipped between April and May 2023. A force majeure clause dealing with ‘prevention of shipment’ covered ‘unforeseeable … impediments’ and required notice ‘within 7 consecutive days of the occurrence’. A separate extension clause required notice ‘not later than the next business day’ after the ‘originally stipulated period’ … (more)
[A&O Shearman, 11 August 2026]
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