Tariff-Related Disputes May Go Beyond Just Refunds

Law360 quoted Covington International Arbitration lawyer Minwoo Kim in an article examining the wide range of private commercial disputes — and potential investment treaty claims — that could follow the Supreme Court’s landmark ruling striking down the Trump administration’s broad tariff regime under the International Emergency Economic Powers Act.

Minwoo noted that the fallout will extend well beyond the refund process. “Assuming the refund is made, some of the downstream distributors and retailers who did not pay tariffs directly might pursue claims against suppliers or logistics partners for reallocation of overcharges tied to the now-invalid tariffs,” he told Law360.

He also flagged a broader area to watch, pointing to the potential ripple effects on international trade negotiations. “One area worth watching closely is whether the ruling has any downstream implications for trade agreements or ongoing negotiations that were structured around IEEPA-based tariffs that have now been invalidated,” he said.