If the contractual relationship between the parties is subject to sanctions, the parties may find themselves in disputes over breaches of contract and the interpretation of contractual provisions. To resolve their disputes, they may turn to arbitration, which is also affected by sanctions. The issues raised in this respect are not new, however, the sanctions imposed on Russia in response to its war of aggression against Ukraine have increased the chances of international arbitration being affected by them, as the sanctions involve one of the world's largest economies.
The objective of this Master's Thesis is to present in more detail in particular the procedural aspects of the impact of sanctions on international arbitration. In this context, the Master's Thesis addresses sanctions, their different types and, in order to better understand their impact on international arbitration, the sanctions imposed on Russia as a result of the war in Ukraine. It then outlines the applicable law that may be used to apply sanctions in international arbitration when resolving the dispute. The main part of the Master's Thesis focuses on the impact of sanctions on different aspects of arbitration. Parties, arbitrators, counsel, and other participants in international arbitration are individuals who must comply with the sanctions of their country of origin. If the dispute is subject to sanctions, this raises questions about the formation of the arbitral tribunal, the arbitrability of the dispute, the conduct of the arbitral proceedings and the recognition and enforcement of the arbitral award. In contrast to a total ban without exceptions, more recent sanctions usually include the possibility of licensing, which is regularly used in international arbitration. On the other hand, it is not surprising that countries whose individuals and other entities are subject to sanctions resort to countermeasures that call into question the resolution of the dispute before international arbitration.
|
