A vessel charter fight tried over video during the first 2020 lockdowns, about which side a force majeure clause left holding the cost of delay.
What was at stake
Port closures left a vessel idle for weeks. The owner claimed daily charter hire for the whole period.
How we ran it
The hearing moved online at short notice. We rebuilt the witness plan around video evidence within ten days.
The outcome
The court held that the clause shifted delay risk to the owner for the closure period.
The award was paid within the time allowed.
The turning point
The clause was drafted in 1996 and listed government action expressly, with no carve-out for health measures.
The lesson
Older force majeure clauses may already cover modern disruption. Read them before assuming otherwise.
Dealing with something like this?
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