Redefining "Act of War" in the 21st Century
Wednesday, May 20th, 11 a.m. - noon , CDT
On May 4th, 2020, the Department of Homeland Security (“DHS”) intelligence service issued an unclassified four page report which stated in part:
[DHS Intelligence Service] assess the Chinese Government [“Peoples Republic of China” (“PRC”)] intentionally concealed the severity of COVID-19 from the International community in early January while it stockpiled medical supplies by both increasing imports and decreasing exports," the May 1 DHS report states. (emphasis added).
The DHS report stated that the PRC dramatically increased its imports of medical supplies while cutting exports of the same items — even as it played down the gravity of the epidemic to the rest of the world.
Will U.S. Government Investigations and U.S. Lawsuits Effectively Re-Define an “Act of War”?
The above-referenced DHS Intelligence Report directly and unequivocally states that the acts and omissions of the PRC further exacerbated the worldwide spread of the deadly coronavirus “COVID-19”. Can such a determination alone, or compounded by future evidence, ever be enough to satisfy the Force Majeure term of art of Act of War?
This presentation will cover:
• What is a Force Majeure Provision?
• Why should a commercial contract contain a Force Majeure Provision?
• Are all Force Majeure provisions created equal?
• Classic examples of Force Majeure provisions being invoked
Force Majeure provisions in the 21st Century
• National events that should be included in Force Majeure definitions
• Economic events that should be included in Force Majeure definitions
• Global events that should be included in Force Majeure definitions
George Alfonso has provided both individuals and businesses with his unique brand of “Concierge Counsel” for almost two decades in matters ranging from complex commercial litigation, commercial contract drafting and negotiations, corporate...