ANALYSIS: A Force Majeure Redux in Ukraine and Russia

Force majeure is again in the news, due to the Russian invasion of Ukraine.

The invasion, as well as Western government responses (including imposing sanctions on Russian institutions, companies, and individuals), have interrupted ongoing business operations in both Ukraine and Russia. As the crisis enters its second week, affected entities have begun to issue force majeure notices to customers.

Traditionally, contractual force majeure clauses provide an excuse to a party’s performance obligations that have become impossible or impracticable due to causes outside the control of the party—such as war, natural catastrophes, or “acts of God.” When a listed force majeure ...