This guide has been prepared to address the substantial business and operational disruptions caused by the COVID-19 pandemic. Given the unexpected nature of the outbreak, parties to commercial contracts may seek to invoke force majeure or similar legal concepts to excuse delay or non-performance. This guide gives a high-level comparative analysis of force majeure in 28 jurisdictions, together with alternative remedies that may apply depending on the governing law of the relevant contracts. If you have any additional questions, please do not hesitate to contact our practitioners listed throughout the document.
Claudia is a partner at Baker McKenzie. Since 2010, she heads the Dispute Resolution practice in Colombia. In 2018, she was appointed Chair of the Latin America DR practice and since 2019 Claudia is the Global Chair of the Firm's Dispute Resolution Group. Claudia is also a listed arbitrator of the panel of arbitrators of the Center of Arbitration of the Chamber of Commerce of Bogotá for both, domestic and international arbitration; a listed arbitrator of the Panel of Arbitrators of the Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center); and a listed arbitrator of the Panel of Arbitrators of the Arbitration Court of Amcham Peru. Claudia is a highly-regarded expert in transnational litigation and international arbitration. She has over 20 years of extensive experience handling complex litigations and arbitrations related to construction and infrastructure projects, post-acquisition disputes, disputes in the energy sector, distribution and supply agreements, unfair competition, product liability, insolvency and general breach of contract. Claudia has been ranked by Chambers & Partners and Legal 500 as an expert in the field of dispute resolution. According to these publications, the group led by Claudia "'generates absolute confidence’ according to clients who highlight the team’s ‘efficiency, agility and commitment’, ‘broad market knowledge’, and ‘careful follow-up of cases", pointing that "It is led by the ‘expert’ and ‘deeply involved’ Claudia Benavides whose ‘intelligence, diligence and acuity to foresee legal risks’, make her a stand out legal adviser.” Chambers and Partners Latin America notes that "Claudia Ines Benavides Galvis is praised by interviewees for her "wide knowledge of the area, precision and in-depth background" in the field of dispute resolution." She has been ranked Band 1 in Chambers & Partners' individual ranking and in the "Leading Lawyer" listing by The Legal 500. The prestigious publication Who's Who Legal: Arbitration describes her as one of the world experts in arbitration and Benchmark Litigation featured her in the Top 25 Latam Women in Litigation listing. The team led by Claudia is ranked Tier 1 in the prestigious directory The Legal 500. In addition, she was recently awarded by Best Lawyers 2020 "Lawyer of the Year" for Litigation and recognized by such publication as a leader in Arbitration, International Arbitration and Mediation. In 2021, Claudia was named Litigation Latin American Lawyer of the Year by Euromoney's Women in Business Law Americas, and she was added to the Lawdragon Global Litigation 500 list, an accolade reserved for lawyers who "know their way around global business battlefields." Claudia has been actively involved with academia. She regularly speaks in important national and international conferences and she is the author of several articles related to her practice.