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Force Majeure and the Middle East Crisis: Is “War” a Trigger in Commercial Contracts?
With several international companies reportedly declaring force majeure in response to the crisis, Malaysian businesses may soon face similar questions in their own cross-border contracts. The article explains why clauses that refer only to “war” can create uncertainty in modern conflicts and highlights that force majeure typically applies only where performance has actually become impossible, not merely more difficult or expensive. Ultimately, whether force majeure can be invoked will depend on the precise wording of the contract and the specific facts affecting performance.
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