15/02/2019
In the wake of Vale’s declaration of force majeure following the recent collapse of one of its Brazilian
dams, it is timely to consider some of the principles involved in force majeure cases, as illustrated by
the case of Classic Maritime Inc v Limbungan Makmur SDN BHD [2018] EWHC 2389 (Comm). In that
case, three particular points of general interest in relation to force majeure clauses were considered:
construction and causation; alternative modes of performance; and the relevance of a force majeure
clause to the assessment of damages. Incidents such as these can have significant contractual
repercussions and it is worthwhile taking time to ensure that any force majeure clauses will afford
parties the desired protection.