Contract Performance during the global outbreak of coronavirus

12 April 2020

The spread of the coronavirus has led globally to great human cost. Many countries have taken various prevention and control measures to reduce the risk of transmissions. These measures include restricting business activities and flights, closing borders and even the lockdown of certain cities. Although the Dutch response towards the coronavirus has been relatively mild, with no forced lockdowns, measures taken elsewhere also affect the performance of international commercial sales contracts involving one or more Dutch contract parties. Delays in production, supply and transportation may result in delay or failure to perform a contract. The article focuses on force majeure from a Dutch law perspective. It touches upon other possible remedies or measures that an enterprise may rely on if there is an impediment to performance and aims to provide general guidance for enterprises that are in need of this.

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