Abstract

This article provides a comprehensive overview of the origins of economic sanctions and their impact on international arbitration. It addresses core legal and practical concepts in the field of international sanctions and explores the wide range of restrictive measures, policy objectives, and regimes adopted by state and non-state actors throughout history. Highlighting the evolution of this instrument in the United States, the European Union, the United Nations, and international financial institutions, this publication offers valuable context for current enforcement practices and emerging trends. This article also examines the effect of sanctions programs on international disputes, tracing a panorama of procedural, substantive, and practical concerns that may arise from the application of these regimes to arbitration. Areas of focus include arbitrability and jurisdiction, selected substantive matters, recognition and enforcement of awards, and obstacles to the administration of proceedings. By addressing these issues, this article provides valuable insights and general guidance for practitioners and scholars navigating the intersection between sanctions and international arbitration.

This paper will be part of the second 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