Jurisdiction(s):
United Kingdom

War-related force majeure in energy contracts: English law checklist on triggers, thresholds, causation, mitigation, notices, frustration and termination consequences, and drafting for future risk

Published by a LexisNexis Energy expert

Checklists

Checklist

Intensifying geopolitical conflict — including open hostilities, regional volatility, cyber interference and closure of sea lanes — can exert rapid, multifaceted strain on energy-sector contracts. This checklist offers a structured, practical approach to evaluating force majeure (FM) risk in an active conflict or war setting, and to judging whether FM can be effectively invoked under English law. It also maps how that assessment intersects with frustration and contractual termination rights, and sets out drafting considerations for parties to weigh in future transactions so that FM provisions expressly address war risks. It is intended for legal and commercial teams operating across oil and gas, LNG, trading, infrastructure and energy supply chains, where disruption frequently stems from direct physical impossibility at the point of delivery, or indirectly via upstream or downstream domino effects. The objective is not solely to test the viability of an FM claim, but also to enable informed, risk-aware choices in rapidly evolving conflict environments. This checklist focuses on FM arising from war-related physical and operational disruption. It excludes sanctions regimes and export controls, which present distinct illegality and regulatory compliance questions and therefore require separate analysis. Those matters raise separate illegality and compliance issues, demanding distinct analysis accordingly...

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Web page updated on 20/05/2026

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