In an important and timely judgment in MUR Shipping BV v RTI Ltd, the High Court of England and Wales has provided guidance as to the scope of a ‘reasonable endeavours’ obligation in the context of a force majeure clause triggered by the imposition of sanctions. In short, a party subject to such an obligation is not required to accept non-contractual performance to circumvent the effect of a force majeure event.
How to Make First Shot Decisive in Battle of Forms
Battles of forms create intolerable uncertainty regarding the contractual basis of trading relationships. Companies concerned that their own carefully drafted standard terms may be trumped by a ‘last shot’ from a trading partner should take note of the recent Court of Appeal of England and Wales’ judgment in TRW Limited v Panasonic Industry Europe GmbH & Another.