On April 7, 2020, Prime Minister Shinzo Abe declared a state of emergency in response to the spread of COVID19. As a result, an increasing number of businesses are unable to continue operating and are having difficulty performing their contractual obligations. Their business partners may be in a similar situation. In this article, we explore the possibility of exempting or reducing parties’ liability in light of the coronavirus outbreak, using “force majeure” under contracts governed by Japanese law.
COVID-19: Excusing Performance Using Force Majeure Clauses Under Japanese Law
By: Chie Yakura and Yukihiro Terazawa