The coming weeks and months will bring many assertions of force majeure in response to the quarantine, business closures and travel restrictions. The coronavirus outbreak presents a somewhat unique situation for business as it includes both the natural component (the virus itself) and the government restriction actions (including the quarantine and other measures put in place in response to the outbreak). During the seminar, we discussed practical implementation of the force majeure to help make decisions in a quickly changing situation.
In particular, during the seminar we considered:
- Can a business be automatically released from liability under force majeure clause due to quarantine?
- How to determine if this is a case of force majeure?
- How to formalize the force majeure circumstances?
- What is the procedure for obtaining a CCI certificate evidencing force majeure circumstances?
- Do I need to go to court with the relevant CCI certificate?
- What if the contract does not include the force majeure сlause?
- Lease agreements and the effect of quarantine as a force majeure on the fulfillment of lease obligations:
- in the malls, restaurants, cafes, etc.
- in offices and other premises, the work of which is not prohibited
- Supply contracts and the impact of quarantine measures on their performance:
- Foreign economic agreements
- Contracts with Ukrainian entities
- What does court practice say about force majeure?
- Credit relations during quarantine
- Some "force majeure" aspects in taxes
Speakers:
Iryna Kalnytska, GOLAW Partner, Attorney at law. Iryna is the Head of Tax and Restructuring, Claims and Recoveries practices at GOLAW. In the tax field, she advises Ukrainian and global companies on national and international taxation, tax risks mitigation, tax structuring.
Max Lebedev, GOLAW Partner, Attorney at law. Max Lebedev is the Head of Private clients as well as Corporate law and M&A practices at GOLAW. His transaction experience comprises the provision of full support of deals on the purchase or sale of assets in Ukraine, including conducting due diligence, taxation and corporate structuring of investment involving foreign jurisdictions, and carrying out currency transactions.
