Law
Five reasons an expected surge in force majeure claims has not materialized
A wave of force majeure litigation was expected. It has not arrived. Here is why.
Litigation may be a step too far
Parties often prefer to renegotiate rather than go to court.
From business as usual to business as unusual
Companies adapted contracts and operations.
An uncertain outlook for commercial risk and reward
Long-term relationships matter more than short-term claims.
Court backlogs affect legal departments
Delays discourage litigation.
Legal departments under pressure
Limited resources focus on priorities.
What comes next?
Contract terms are being redrafted to allocate risk more clearly.
Summary
Negotiation, not litigation, has been the main response to disruption.
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