“Force Majeure” translated literally from French means “superior force”. In common parlance, it is known as “Act of God”. In contracts, the phrase force majeure has generally been used to refer to circumstances beyond the reasonable control of the contracting parties that prevents performance of the contract. Generally, non-performance of a contract amounts to a breach of the contract but a force majeure event may excuse performance, depending on how it is drafted.
This session will examine some examples of force majeure clauses and the scope, applicability and effect of these clauses. Case studies will be presented to show how the courts have dealt with force majeure clauses. The session will also introduce the doctrine of frustration in contracts and compare it with force majeure.
This session is all the more pertinent in current times, with the Covid-19 pandemic still very much subsisting without any clear end to it in sight.
Who should attend?
- Board of Directors
- Senior Management
- Legal Counsel of companies
Khoo Guan Huat commenced his legal career with the Attorney-General’s Chambers, Malaysia, in 1987 and joined Skrine in 1993. He currently chairs the Intellectual Property Dispute Resolution Practice Group in Skrine and focuses his practice on Intellectual Property and Commercial Disputes. He regularly appears as counsel in courts at all levels and in arbitration proceedings and sits as Arbitrator in a number of matters. He has been consulted on and provided advice in a number of matters, including those with respect to Anti-Money Laundering compliance issues for financial institutions.
He has also appeared as an expert witness on Malaysian law in various proceedings, including arbitration proceedings, in the United States and Singapore. He was part of the Malaysian delegation to the Arbitration Working Group at the United Nations Commission on International Trade Law (UNCITRAL). The Arbitration Working Group’s efforts resulted in the revised UNCITRAL Rules being published in 2010.
Khoo is the first Malaysian lawyer with full registration to practice in the Singapore International Commercial Court.