The ongoing geopolitical tensions in the Middle East, particularly the conflict involving Iran, the United States, and Israel, have once again brought the concept of force majeure into sharp focus in commercial and investment contracts. Several Gulf nations, including Qatar, Kuwait, and Bahrain, have reportedly invoked force majeure in relation to oil and gas exports following attacks on refineries, logistical disruptions, and security risks affecting maritime routes. The potential blockade or disruption of the Strait of Hormuz, through which nearly 20% of global oil and LNG shipments pass, has heightened concerns across importing nations, including India.
In this context, an important legal question arises: Does a war or geopolitical conflict in the Middle East automatically trigger force majeure under Indian law, particularly in contracts involving Indian parties?