Partner Sylvie Gallage-Alwis comments in relation to whether governments can sue vaccine producers for delays in delivering product, in Legal Week.
“Typically, for a large-scale contract, there would not be specific dates, but a window of dates—a goal, say, of the end of a trimester—but always based on best efforts,” said Sylvie Gallage-Alwis, a partner at Signature Litigation in Paris.
“In every product-related contract, not delivering on time alone does not trigger breach,” Gallage-Alwis added. “There can be penalties for late delivery, often with a specific window of time before the penalties start.”
With vaccines for COVID-19, she said, “we’re in a very specific context—we’re talking about unprecedented large scale—so I’d be surprised if the contract didn’t provide for that.”
“Litigation takes a long time,” Gallage-Alwis said. “For most governments, it will not be seen as a good resource allocation.”