The Law Of War - Force Majeure

During times of war, when circumstances outside of parties' control interfere with commercial obligations, parties may turn to the doctrine of force majeure to excuse failures to perform. This has already happened during the first weeks of the war in Iran, when a number of companies have already claimed force majeure for disruptions to their businesses.¹

The law of force majeure can vary in different global jurisdictions, but the broad outlines of the doctrine under U.S. law are mostly the same. The validity of that excuse will likely turn on the specific triggering event, the causal link to the failure to perform, and any reasonable efforts taken to avoid or mitigate the effects. If the parties have a force majeure clause in their agreement, the express terms will control and the precise language, including any exclusions, will be of upmost importance under U.S. law. Recent events—including COVID-19, extreme weather and wildfires, and political policy