In ADM Industries Centers Ltd v Inerco Trade SA [2026] EWHC (Comm), the High Court ruled that compliance with contractual notice timelines within standard commodity and shipping force majeure clauses operates as a mandatory condition precedent to relief. The Court established that an event is only "unforeseeable" under standard GAFTA clauses where its probability is so remote as to be negligible, confirming that procedural notice failures defeat force majeure protection regardless of underlying geopolitical disruption.
- Practice Impact: Offshore trading entities and wealth structures managing physical commodities or supply-chain assets must adhere strictly to contractual notice windows to preserve force majeure defenses.
- Source: Consult Pinsent Masons' Force Majeure Notice Ruling Breakdown.
English High Court (Commercial Court): Force Majeure Notices Treated as Mandatory Conditions Precedent (ADM v Inerco)