Turning Risk into Strategy: The Legal Advisor's Role in Sanctions Management

A. Tugushev
A. Tugushev
K. Ivaninskiy
K. Ivaninskiy

Published 2 July 2025

Abstract

In an increasingly complex geopolitical landscape, economic sanctions have become a central factor in shaping global business strategy. This article explores how corporate legal advisors move beyond mere compliance to act as strategic partners in navigating sanction-driven risks and opportunities. It examines the evolving role of in-house counsel in market entry and exit decisions, contract structuring, internal governance, and dispute resolution.

Real-world case studies illustrate both compliance failures and successful strategic adaptations. The paper highlights tools such as legal tech, internal training, and cross-department collaboration as essential to building sanctions resilience. It also addresses emerging trends, including secondary sanctions and technological circumvention. By framing sanctions as both legal obligations and business risks, the article encourages proactive, multidisciplinary approaches. Legal advisors are shown to be pivotal in aligning regulatory compliance with long-term business goals. In doing so, they help transform sanctions from barriers into levers of competitive advantage. A dedicated section examines how international sanctions affect dispute resolution processes - impacting choice of forum and arbitral institutions - and outlines practical strategies like multi-tiered arbitration clauses with fallback options and adaptive seat selection to ensure enforceable outcomes. The article concludes by positioning corporate counsel at the core of future-ready business strategy in a sanctions-driven world.

This paper will be part of the third 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

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Suggested Citation

A. Tugushev; K. Ivaninskiy (2025, forthcoming) "Turning Risk into Strategy: The Legal Advisor's Role in Sanctions Management"
(TDM, ISSN 1875-4120) July 2025, www.transnational-dispute-management.com

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