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Fallout from the Coronavirus: Chinese Businesses Increasingly Seek Force Majeure Exemptions from Contractual Performance and Penalties—Options Available to Affected Businesses

February 18, 2020
Firm Memoranda
The first two weeks of February - which followed on from the original public holiday period for the Chinese New Year - have seen numerous Chinese businesses unable to resume manufacturing, or unable to take shipments of exports. As the spread of the coronavirus outbreak continued, and likewise its severity remained insufficiently determined, many levels of government across China ordered delays to return to work locations, or even imposed local movement lockdowns. At the same time, numerous foreign countries have implemented travel bans, substantially impacting the capacity to ship goods by air (though surface shipments have largely remained unaffected). Amid this backdrop, Chinese companies of varying scale are increasingly facing tough decisions and asserting force majeure to seek excusal from contractual performance duties or penalties, which in turn is posing major challenges for foreign counterparts. This client alert advises options available to businesses on both sides.

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If you have any questions about the issues addressed in this memorandum, or if you would like a copy of any of the materials mentioned in it, please do not hesitate to reach out to:
Sam Williamson
Phone: +1 212 849 7455
Xiao Liu
Phone: +86 21 3401 8766