
Publication
US FMC's "Flags of Convenience" investigation advances
The FMC initiated a nonadjudicatory investigation this year.
In their Commercial Division Update, Thomas J. Hall and Judith A. Archer write that where COVID-based arguments have been raised, the results are not particularly surprising in light of well-developed New York law, including for the criteria to establish impossibility of performance, frustration of purpose or other contractual excuse.
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