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14Aug

The English Court of Appeal applies 'but for' test to "Force Majeure Clause" – FIDIC’s "Exceptional Events" now under threat?

International Construction Arbitration has received a shock. Consistent with the leading textbooks, a party seeking to rely on force majeure in a construction contract did not have to show that ‘but for’ the force majeure event it would have...
By: Akin Gump Strauss Hauer & Feld LLP
Source Url: https://www.jdsupra.com/legalnews/the-english-court-of-appeal-applies-but-91995/

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