Secondary Sanctions in International Commercial Arbitration: Much Ado about Nothing?
Article from: TDM 2 (2026), in Sanctions and International Arbitration
Abstract
This article examines the impact of secondary sanctions on international commercial disputes submitted to arbitration, focusing on their relevance during both the arbitration proceedings and the post-award stage. It distinguishes between the application of secondary sanctions as substantive legal norms and their consideration as factual circumstances affecting contractual performance. The article argues that secondary sanctions should not be applied as legal norms, irrespective of the methodological approach adopted, whether based on a conflict-of-laws analysis or ...











