Although the Ever Given casualty caused a six-day obstruction of the Suez Canal in March 2021, its disruptive effects on global trade go far beyond the (relatively) limited duration of such event. Claims arising from the casualty may have different cause of actions and involve many operators, from shipowners to charterers, insurers to cargo owners, sellers to buyers, and carriers to manufacturers.
The outcome of these disputes will also depend (in addition to governing law and risk allocation agreements) upon the scope and wording of the force majeure clauses included in the relevant agreements.
Our International Arbitration Focus Team and Shipping & Transport Focus Team analyse possible scenarios of disputes arising from the canal blockage and advise on how to draft effective contractual provisions in connection with force majeure events in the document available here.