Contract strategies against the recent ‘disturbing’ judicial doctrine regarding rebus sic stantibus clauses

On 25 February 1999, the parties entered into lease agreements for the purpose of using the buildings thereunder as hotels. The defendant undertook to construct three different blocks on one site: the first to be used as a two/three-star IBIS hotel (block H3), the second as a four-star NOVOTEL hotel (block H4) and the third, which is not subject matter of the lease agreements and was assigned to another hotel operator, as an aparthotel (block AH). The claimant undertook to occupy as lessee the abovementioned two new buildings intended for hotel use…