Global Supply Chain Agreements: Force Majeure, Indemnification, Warranty, Termination, and Other Key Provisions

The current pandemic has brought to light the importance of global supply chain agreements. If a U.S. company has a supply agreement with an entity outside of the U.S. and COVID-19-related consequences have disrupted the supply chain, does a force majeure provision apply, and which law governs to make that determination? Like all contracts, supply chain agreements devote considerable planning to address and allocate the risks of disruption and nonperformance.

This session will identify potential supply chain challenges due to COVID-19. Our attorneys will discuss the steps to take to mitigate these emerging risks. In addition, they will address supply chain contract issues, including whether COVID-19 falls under the force majeure clause, and offer practical tips if there is a supply chain disruption. They will also offer practical guidance for structuring these terms and best practices as disputes arise.