Guidance on Hurricane Harvey and force majeure

There is no question that Hurricane Harvey, which first struck Texas on August 25, 2017, was a storm of catastrophic proportions. An event like Harvey and the associated force majeure declarations have the potential to impact the performance of transportation contracts such as charter parties and contracts of affreightment. 

The analysis of the impact, if any, will ultimately depend on the factual circumstances and contractual language. This guidance from our local correspondents describes the principal factors to be considered when a transportation contract contains a force majeure provision and when no such provision exists in the contract.