The Validity of Arbitral Awards and the Public Policy Nature of International Sanctions
Published 11 March 2024
Executive summary
International economic sanctions have increasingly affected commerce over the last decades and, consequently, have now become a frequent staple of international arbitration disputes. Accordingly, arbitral tribunals have had to examine their scope and consequences in settling commercial disputes. However, because of the public law nature of sanctions, questions related to their impact on arbitration proceedings have legitimately been raised. While the arbitrability of disputes has not been affected by international sanctions, their overriding mandatory nature has raised questions as to whether these rules may form part of public policy and to what extent compliance of arbitral awards towards international sanctions should be assessed and reviewed by domestic courts.
This paper will be part of the TDM Special Issue on "Sanctions and International Arbitration: Impact on Substantive and Procedural Issues". More information here www.transnational-dispute-management.com/news.asp?key=1960