Hamid Soueidan - Webasto Roof Systems, Inc.
During the pre-pandemic era, force majeure and the common law contract defenses of impossibility and impracticability were an afterthought. The wide-ranging disruptions of the COVID-19 pandemic have demonstrated the importance of force majeure considerations in commercial agreements. This presentation demonstrates the uncertainty regarding courts' interpretation and enforcement of force majeure provisions amidst the COVID-19 pandemic and considerations to make in allocating risks with such provisions. In addition, we will discuss emerging legal trends as firms adjust to ongoing and protracted supply chain issues and other hindrances to contracted performance.