An inability to perform? Termination of contracts by force majeure in the context of COVID-19

In NKD Maritime Limited V Bart Maritime (No. 2) Inc the English Commercial Court considered whether a purchaser under a ship sale agreement was entitled to terminate on the basis of force majeure provisions. Our article, which you can read on Mishcon.com here, considers the dangers of wrongful termination and best practice for drafting force majeure provisions.