The approach to 'Force Majeure' can differ greatly depending on the following key factors:
Whether you are located in a Civil Law or Common Law legal system;
What your contract says, not only about force majeure, but also about the relative risk apportionment between the parties including warranties, indemnities, insurance and so forth; and
Whether other general legal principles may be more appropriate for a claim of relief.
Specialists from various jurisdictions will analyse the above in detail with a specific focus on real estate contracts, and provide practical guidance on how to approach this topic in unpredictable Covid-19 affected times.
Webinar Poll Results
Are you from a Civil or Common Law Jurisdiction?
Civil Law
62%
Civil Law; Common Law
2%
Common Law
36%
Would you rather have a detailed force majeure clause in your contract or just rely on general legal principles?
Contract Clause Preferred
72%
Contract Clause Preferred; General Legal Principles Preferred
0%
General Legal Principles Preferred
28%
Most Tenants are asking Landlords for rent relief. What relief do you think tenants should be offered?
No Relief
3%
Rent Deferment
54%
Rent Deferment; No Relief
1%
Rent Waiver
36%
Rent Waiver; No Relief
0%
Rent Waiver; Rent Deferment
5%
Michael Lunjevich Hadef & Partners, Dubai; Senior Vice Chair, IBA Real Estate Section
Mariëtte is an international commercial real estate lawyer. She started in New York City and is now Amsterdam based. Equity partner, co-founder and Chair European Real Estate Group Greenberg Traurig LLP Amsterdam office until 2006. Founder and equity partner Lafarre Law Firm until present. Mariëtte has extensive experience in complex real estate transactions and litigation representing developers, owners, institutional investors, financial institutions and high-net-worth individuals in major projects as shopping centers, industrial facilities (co-generation, industrial heavy plant), inner city redevelopment, office buildings, rail and road infrastructure, utility project financing and PFI Infrastucture.
Michael Lunjevich
Michael has headed the Dubai Commercial & Property practice at Hadef & Partners for 14 years. He has over 22 years of extensive experience in general corporate/commercial and real estate matters including specific expertise in real estate, information technology, intellectual property, telecommunications and commercial contracts. Michael is also the Vice Chair of the International Bar Association’s Real Estate Committee.
He regularly advises major local and international corporate clients on all general legal requirements including corporate structuring and commercial constraints, and is treated as a trusted commercial adviser by many of his close clients. Michael’s team has advised many of Dubai’s and the world’s largest real estate and hospitality developers.
He completed a Bachelor of Commerce and Bachelor of Law (Hons) at Auckland University in New Zealand. He is admitted as a Barrister and Solicitor of the High Court of New Zealand.
Sushant Shetty
Sushant Shetty is Group Head - Real Estate & Infrastructure Practice at Fox Mandal, Solicitors & Advocates, one of India’s oldest and reputed full service law firms where he advises domestic and foreign clients on acquisition, disposition, investing, leasing and financing of residential, commercial, industrial and mixed-use properties. He is familiar with all stages of the real estate development process including construction agreements, loan documents and performing detailed title due diligence. He is experienced in landlord-tenant as well as society matters. He also advises on the procedural aspects of stamp duty and registration of real estate and ancillary documentation.
He was awarded the International Bar Association’s Annual Scholarship in 2012 and also serves as the Website Officer of the International Bar Association’s Real Estate Committee.
Philip G Skinner
Phil is a partner in the Real Estate practice and leads the Office industry team and is a lead real estate partner in the Cross-Border practice. Phil focuses his practice on the representation of owners, developers, investors, landlords and tenants in the acquisition, joint venture, development, financing and leasing of all types of commercial real estate, with a particular focus on office leasing, joint venture formation, representation of foreign investors, cross-border transactions, distressed real estate transactions, and on the development, financing and leasing of mixed-use projects and office buildings. Such work also includes the negotiation of office leases, build-to-suit leases and headquarters leases; the negotiation of joint venture documentation between developers and investors; the representation of developers on complex multi-property assemblage transactions; and the preparation and negotiation of complex declarations of protective covenants, operating agreements and reciprocal easement agreements. Phil is a frequent author and lecturer on topics including office lease negotiations, legal and business issues in mixed-use projects, joint venture formation, cross-border real estate transactions, distressed real estate transactions, the negotiation of brokerage and commission agreements, the negotiation of purchase and sale agreements, and commercial real estate industry trends, among other topics.
Since 2000, Phil has presented a seminar titled “Lease College,” which is designed to educate targeted audiences in negotiating office leases. He has presented “Lease College” to such organizations as the Atlanta Bar Association, the Atlanta Commercial Board of Realtors, Carter & Associates, Cushman & Wakefield, Newmark Grubb Knight Frank, NAI Brannen Goddard, Richard Bowers & Co., and Colliers International, among other brokerage firms.
Cristiana Moreira
Cristiana Moreira is a Real State partner with broad experience in real estate transactions in various sectors, such as residential, commercial, hotel, shopping centers, manufacturing, subdivisions, agribusiness and infrastructure.
PRESENTATION
She advises national and international clients, including the largest real estate developers in Brazil, with particular focus on the legal structure for real estate projects. She also negotiates typical contracts of the real estate sector, such as purchase and sale, exchange, lease, built-to-suit, sale and lease back, joint ventures for real estate development projects, construction contracts, and security agreements. Cristiana’s practice includes structured financing transactions in the real estate market, such as real estate investment funds and securitization of real estate receivables and major sector-related litigation disputes.