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ARTICLE · 17 SEPTEMBER 2026

When Tariffs Threaten Commercial Relationships: A New Role For International Arbitration

The recent breakdown of Canada-US trade talks and the tariff measures that followed have prompted Canadian businesses to reassess how they manage cross-border trade. While higher costs may be the most immediate concern, the broader challenge is the unpredictability that cannot be treated as a temporary anomaly.

CanadaLitigation, Mediation & Arbitration

Introduction: A Framework for Uncertainty

The recent breakdown of Canada-US trade talks and the tariff measures that followed have prompted Canadian businesses to reassess how they manage cross-border trade. While higher costs may be the most immediate concern, the broader challenge is the unpredictability that cannot be treated as a temporary anomaly.

Political decisions, border restrictions and other government action can quickly change the economics, practicality and commercial exposure of a deal after it has been signed. At the same time, Canadian businesses, with the support of the federal government, are seeking to diversify into new markets and trade relationships. That diversification may be necessary, but it brings its own operational, legal and commercial risks.

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