Some arbitration attorneys say price jumps and other impacts linked to big tariff hikes could lead companies to turn to force majeure claims to escape contractual performance obligations. But not everyone is convinced the mechanism will fit a tariff-hike situation.
A global tariff war such as the one promised but now paused by President Donald Trump could induce companies to turn to force majeure and related claim mechanisms to try to escape agreements that are suddenly no longer in their favor, arbitration attorneys said.
“Any kind of major global disruption results in potential new disputes,” said Claudia Salomon, president of the International Chamber of Commerce’s court of arbitration in Paris.
