Abstract

The purpose of this article is to examine whether international sanctions, to which States and international organizations have increasingly resorted since the early 1990s, can be subject to arbitration proceedings. In particular, because these international sanctions are a matter of public policy, the question has arisen as to whether private judges, such as arbitrators, can deal with them.

As there are virtually no international regulations on this issue, national courts have often decided on it in accordance with their own national law. Even if the main trend among States appears to be in favor of the arbitrability of disputes involving international sanctions, there is no unanimity on that matter, and certain national legal systems remain reluctant to consider that all international sanctions, or only certain categories of them, can be submitted to arbitration.

This article, therefore, takes as its starting point the observation that there is still no clear-cut answer to the question of the arbitrability of disputes involving international sanctions and argues that one of the main causes of the uncertainty surrounding this issue is to be found in the international sanctions themselves. Indeed, the texts of international sanctions, although having a major impact on international trade and investment, are silent on their arbitrability, which has the effect of giving rise to difficulties and differences of interpretation, thereby undermining the effectiveness of arbitration proceedings.

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