When Contracts Break | Episode 3 | The DIFC approach to non performance – and practical steps for affected businesses

In the final episode of our Contracts Under Pressure podcast series, Justine Reeves and Rebecca Hilton turn to the Dubai International Financial Centre (DIFC), examining how its hybrid legal framework approaches force majeure, before drawing the series together with a practical checklist for businesses.

The episode explains how DIFC contract law provides a statutory force majeure regime, focused on impediments beyond a party’s control that could not reasonably have been anticipated, avoided or overcome. Justine and Rebecca explore how this operates in practice, including the distinction between temporary and permanent impediments and why obligations may be suspended rather than terminated where disruption is short‑lived.

This episode provides practical guidance on:

• How statutory force majeure operates in the DIFC
• Why payment obligations are treated differently
• What remedies may be available outside force majeure
• How to avoid common pitfalls when contracts come under pressure
• What businesses should do next when performance is affected

Justine and Rebecca conclude with a practical, step‑by‑step checklist, covering how businesses should assess impact, preserve evidence, manage communications, comply with notice requirements, and consider commercial solutions before disputes escalate.

Our Contracts Under Pressure podcast series is valuable for businesses managing contractual risks and an essential listen for in‑house counsel, commercial leaders, and anyone managing contracts in uncertain economic or geopolitical conditions.

Note: This podcast is a general discussion and does not constitute legal advice.