AmCham Kuwait Hosts Legal Webinar on “Geopolitical Risk and Contractual Exposure” in Collaboration with Regional Business Councils and Leading Legal Experts
The webinar was organized in collaboration with Dar Al Muhama Law Firm, Monckton Chambers, the British Business Forum Kuwait, and several international business councils, including the Canadian Business Council, French Business Council, German Business Council, Indian Business Council, Lebanese Business Council, and Portuguese Business Council.
The session was moderated by Amr Wageeh, Legal Strategist and FDI Policy ,and featured distinguished speakers:
- Mariam Al-Filakawi, Lawyer at Dar Al Muhama Law Firm
- Drew Holiner, Barrister at Monckton Chambers
- Francis Hornyold-Strickland, Barrister at Monckton Chambers
- Ewan West KC, Barrister at Monckton Chambers
The discussion opened with remarks highlighting the increasing uncertainty facing international businesses due to rapid geopolitical developments, and how these developments are translating into real contractual and operational pressures, including supply chain disruption, payment challenges, regulatory exposure, and sanctions-related risks.
Throughout the session, speakers emphasized that contractual risk is no longer a theoretical legal issue, but a practical business challenge requiring early and structured response.
Key Discussion Highlights
Geopolitical risk and contractual readiness
Mariam Al-Filakawi stressed the importance of early-stage contract risk mapping, advising companies to identify high-risk contractual relationships before disruptions escalate into disputes. She highlighted that businesses must move beyond reactive responses and instead proactively assess exposure across supply chains, financing arrangements, and performance obligations.
Force majeure under English law
Francis Hornyold-Strickland clarified that under English law, force majeure is purely contractual and not a standalone legal doctrine. He emphasized that outcomes depend heavily on precise wording, thresholds such as “prevention” versus “hindrance,” and strict compliance with notice and mitigation requirements.
Sanctions as a dispute driver
Drew Holiner noted that sanctions are increasingly evolving from compliance concerns into core dispute triggers. He explained that disputes often arise not from clear prohibitions, but from “grey zones” where commercial, banking, and insurance actors withdraw due to perceived risk rather than legal restriction.
Broader English law doctrines
Ewan West KC discussed the role of broader legal principles such as frustration, illegality, and contractual discretion. He highlighted that while these doctrines exist outside express contractual terms, they remain narrowly applied and require strong evidentiary support.
Practical Takeaways
Across the discussion, speakers agreed on several key principles for businesses operating in Kuwait and the wider Gulf region:
- Early identification and documentation of contractual and operational risks
- Careful and timely use of contractual notices and rights
- Avoidance of premature force majeure declarations
- Strong internal coordination and external legal review before escalation
- Maintaining a clear evidentiary record of decisions and mitigation efforts
The panel unanimously emphasized that contracts do not fail because of geopolitical events themselves, but because of how businesses respond to them.
The webinar provided practical, cross-jurisdictional insights combining Kuwaiti legal perspectives with English law expertise, offering businesses actionable guidance to navigate uncertainty in an increasingly complex geopolitical and regulatory environment.
AmCham Kuwait extends its appreciation to all participating speakers, partner business councils, and attendees for contributing to a highly engaging and timely discussion.
About AmCham Kuwait: Founded in 1985, AmCham Kuwait is a non-profit organization composed of Fortune 500 corporations, SMEs, and prominent business leaders from both the United States and Kuwait. As a key advocate for American business interests in Kuwait, AmCham Kuwait works to strengthen the commercial and economic ties between the two nations. For more information, please visit www.amchamkuwait.org or follow us on social media @abck1985.