Termination, force majeure and frustration – international perspectives on the life sciences sector

Across our international offices, we're helping life science clients navigate the impact of COVID-19 on R&D, manufacturing and supply chain contracts, and we've seen an increase in parties seeking to rely on termination and force majeure provisions. Issues relating to the law of frustration also arise when considering English law contracts.  

These issues must be navigated very carefully. In the current climate, some businesses are struggling to perform their contractual obligations, due to either government restrictions on the movement of people or staff shortages due to illness. On the flipside, other businesses are facing force majeure arguments as a reason for delayed or non-performance, and need to consider the merits of such claims and take advice on the options available to them. Striking the right balance in both of these scenarios is key, as maintaining good business relationships now will pay off later, once the pandemic has abated.

In this instalment of our Life Sciences Disputes series, our experts provide practical guidance on how to navigate the complex legal issues surrounding termination, force majeure and frustration in life science contracts governed by the laws of England, Germany, France, China and Dubai.