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Force majeure and real estate contracts - a comparative jurisdiction analysis of Covid-19

Force majeure and real estate contracts - a comparative jurisdiction analysis of Covid-19

A webinar presented by the IBA Real Estate Section

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The approach to 'Force Majeure' can differ greatly depending on the following key factors:

  • Whether you are located in a Civil Law or Common Law legal system;
  • What your contract says, not only about force majeure, but also about the relative risk apportionment between the parties including warranties, indemnities, insurance and so forth; and
  • Whether other general legal principles may be more appropriate for a claim of relief.

Specialists from various jurisdictions will analyse the above in detail with a specific focus on real estate contracts, and provide practical guidance on how to approach this topic in unpredictable Covid-19 affected times.

Webinar Poll Results

  1. Are you from a Civil or Common Law Jurisdiction?

    Civil Law 62%
    Civil Law; Common Law 2%
    Common Law 36%
  2. Would you rather have a detailed force majeure clause in your contract or just rely on general legal principles?

    Contract Clause Preferred 72%
    Contract Clause Preferred; General Legal Principles Preferred 0%
    General Legal Principles Preferred 28%
  3. Most Tenants are asking Landlords for rent relief. What relief do you think tenants should be offered?

    No Relief 3%
    Rent Deferment 54%
    Rent Deferment; No Relief 1%
    Rent Waiver 36%
    Rent Waiver; No Relief 0%
    Rent Waiver; Rent Deferment 5%

Michael Lunjevich
Hadef & Partners, Dubai; Senior Vice Chair, IBA Real Estate Section

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Mariette Lafarre
Lafarre Law Firm, Amsterdam; Treasurer, IBA Real Estate Section

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Cristiana Moreira
BMA, Rio de Janeiro; Diversity and Inclusion Officer, IBA Real Estate Section

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Sushant Shetty
Fox Mandal & Associates, Mumbai; Website Officer, IBA Real Estate Section

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Philip G Skinner
Arnall Golden Gregory, Atlanta, GA; Co-Chair, IBA Real Estate Section

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