RTI Ltd v MUR Shipping BV [2024] UKSC 18-15 May 2024(Hodge LJ, Lloyd-Jones LJ, Humblen LJ, Burrows LJ, Richards LJ)

A COA between MUR as owners and RTI provided for monthly shipments of bauxite, and payments in USD.  A Force Majeure Clause allowed suspension of performance in case of defined events which “cannot be overcome by reasonable endeavors from the Party affected”. When RTI’s parent became US-sanctioned, MUR relied on the Clause, contending it could not receive payments. RTI challenged, based on its offer to pay in EUR. The SC agreed with the High Court ruling that “reasonable endeavours” could not encompass non-contractual performance (i.e. EUR instead of USD). MUR was entitled to rely on the Clause.