“This is not a drill…This is a time for pulling out all the stops.” Dr. Tedros Adhanom Ghebreyesus, WHO Director-General, said in his opening remarks at the WHO’s media briefing on COVID-19/Coronavirus on 5 March 2020.

https://www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefing-on-covid-19---5-march-2020

What does this mean for your business? As your General Counsel we can help you in regards to mitigation of your legal risks:

·      Review your main supplier/customer/insurance contracts for points to look out for:

o   Force majeure.
o   Notification requirements.
o   Requirements to minimize effects of disruptions to performance.
o   Rights of suspension/termination.
o   Rights to enforce guarantees/bonds.
o   Dispute resolution.

·      If you are in the process of bidding for or negotiating/finalizing major contracts - what precautions should you take contractually/operationally?

·      Understand whether/how force majeure provisions under the law (not contract) affect your business.

·      Understand responsibilities towards employees (and vice versa).

·      Anticipate/prepare for supply chain disruptions and possible suspensions/terminations of events/transactions/contracts you are relying on.

·      Understand why/how to keep records in regards to possible dispute resolution.

·      Understand scope/requirements to take precautions to reduce risks of exposure to and participation in spreading the virus.

·      Revisit your business continuity/communications/record retention protocols and consider whether changes/precautions need to be taken.

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