COVID-19
Introduction
The outbreak of New Coronary Virus 2019-nCoV, colloquially known as Coronavirus, in the central Chinese city of Wuhan in Hubei Province, prompted an unprecedented Chinese and international response to an epidemic.
As Wuhan and other local cities across Hubei Province went into lock-down around the Chinese New Year period, the human cost of the virus has, regrettably, been well documented. As businesses look to the first working week of the new Lunar Year, what remains unclear, is the full extent to which the virus will impact productivity, supply chains and Chinaʼs and the global economy.
The second outbreak of a SARS-type virus in China in twenty years, much of the analysis supporting business has sought to focus on the impact that the 2002-3 SARS outbreak had on Chinaʼs economy. Seventeen years later, China plays a far more prominent role in global trade and international supply chains. Quarantined towns, closed factories, reduced air routes and travel warnings will influence global supply chains in a way which the previous outbreak never did.
Which Cities / Manufacturing Areas Have Been Affected?
Hangzhou
Nanjing
Ningbo
Taizhou
Wenzhou
Wuhan
Yiwu
*All of the above cities are either in full lock-down or have semi-lock down restrictions in place
Anticipated Economic Impact
Analysts anticipate that the Coronavirus will knock Chinese growth from 6.4% to 5.5% over the course of 2020.
Investor confidence in Chinese stocks has fallen dramatically; the benchmark Shanghai Composite Index fell 8.7% as trading opened earlier this week for the first working day of the new Lunar Year. The Shenzhen Composite Index was off 9.1%, and dangerously close to hitting the permitted fall of 10% where trading is suspended.
In FX Trading, the Chinese Renminbi fell through the seven-to-the-US-Dollar mark for the second time since December 2019. Given the increased prominence of China in the global economy, there are fears of a global slowdown. Considering the fact that Chinaʼs economy is nearly four times larger relative to the global economy in 2002 and scaling up the damage SARS had on the global economy, analysts anticipate a global GDP negative impact of 1.8% to 6%.
Supply Chain Disruption
Most employees will not return to work before 10th Large output losses are expected as a result
Businesses should anticipate that productivity in China will continue to be around 20% lower than normal
It is likely that many companies in the Peopleʼs Republic of China will be unable to perform their contractual obligations on CBI Members with Chinese partners in their supply chains should seek legal advice to gauge whether such failure of duly performing contractual obligations leads to a breach of contract and respective liabilities or whether such liabilities may be exempted under the legal concept of Force Majeure.
Force Majeure
Article 180 of the General Rules of the Civil Law of the PRC, Article 153 of the General Principles of the Civil Law of the PRC and Article 117 of the PRC Contract Law, rather generally, define Force Majeure as “objective circumstances which are unforeseeable, unavoidable and insurmountable”.
The consensus among member law firms on the ground in China is that: “the 2019nCoV outbreak and respective governmental measures, such as instructions to extent public holidays, to close businesses, etc., can indeed constitute Force Majeure. However, each case must be checked individually and if affected contracts include relevant stipulations on Force Majeure, these stipulations must be checked carefully and in detail.” CMS
To read CMS Lawʼs briefing on Force Majeure in full, please follow the link.
Endgame Scenarios
The Winners
Pharmaceuticals
Companies will see increased demand for vaccines and antibiotics
E-Commerce
Consumers will shun bricks-and-mortar stores in fear of infection
Online Entertainment
Stuck indoors, consumers spending on internet services will spike
Insurance
Will taking a short-term hit, will benefit in the long-term from increased awareness
The Losers
Travel & Tourism
Will be the hardest hit owing to quarantine restrictions and reduced consumer spending
Logistics
Will see distribution interrupted by quarantine measures and face a lack of delivery staff
Manufacturing
Is just one labour intensive sector that will be hard hit
Luxury Goods
Spending will drop as consumers limit purchases to essential items
Virus Control and Prevention
Fact File:
Source of infection: Wild animals Virus: New Coronary Virus 2019-nCoV
Route of transmission: Respiratory droplets as well as person-to-person contact
Whoʼs at risk: It is currently best to err on the side of caution as everyone is considered at risk. The elderly and infants are at highest risk
Incubation period: 3 to 7 days; up to a maximum of 14 days
Key prevention procedures
Wash your hands often with water and soap for at least 20 If soap and water are not available, use an alcohol-based hand sanitiser
Avoid touching your eyes, nose, and mouth with unwashed
Avoid close contact with people who are sick
Cover your cough or sneeze with a tissue, then throw the tissue in the
Clean and disinfect frequently touched objects and surfaces
Additional Resources
Travel Advice:
Foreign & Commonwealth Office, Travel Advice: China. Current as of February 6, 2020
Legal Briefings:
Analysis:
James Palmer, “China is Under Lockdown,” Foreign Policy, February 5, 2020
We are very grateful for this information from the CBI (www.cbi.org.uk)
