Description
Economic sanctions, exchange and export control regulations adopted by countries and regional organisations are increasingly interconnected with arbitral proceedings worldwide. Their overriding mandatory nature with respect to certain territories is unquestionable. But does that make them relevant, or binding, on international arbitral tribunals sitting outside of these territories? Party submissions arguing bindingness or irrelevance, vary greatly, whether as a result of ignorance or unease, or as a deliberate attempt to mislead the tribunal. In turn, arbitral awards show no uniform position among tribunals. Scarce institutional guidance exists. Until now.
In this Institute Dossier, leading arbitrators, counsel, business decision makers, and diplomats—the very drafters of sanctions regulations—discuss their conflicting expectations of how or if mandatory rules pertaining to sanctions should be complied with.
This must-have publication is destined to enrich the database of international arbitrators, counsel, business executives, law enforcement agencies and anyone else involved in strategic decision-making.
