SANCTIONS IN CURRENT GEOPOLITICAL CLIMATE: CHALLENGES TO INTERNATIONAL ARBITRATION IN THE CONTEXT OF THE RUSSIA-UKRAINE WAR

SANCTIONS IN CURRENT GEOPOLITICAL CLIMATE: CHALLENGES TO INTERNATIONAL ARBITRATION IN THE CONTEXT OF THE RUSSIA-UKRAINE WAR

In a world where present geopolitical tensions continue to worsen and the current global order continues to show signs of disintegration, sanctions have emerged as a key strategic tool to pressure third countries to comply with their international law obligations and further prevent additional violations of international agreements. With this comes disputes in a myriad of areas that international arbitration can help resolve. Simultaneously, sanctions pose unique challenges to the administration and operations of international arbitration – this post will focus on two of these negative implications. Understanding the potential ramifications that sanctions pose to international arbitration can ensure that these measures’ impacts on the dispute settlement mechanism can be adequately addressed and, to the extent they are harmful, minimized. This thus allows for increased efficiency in arbitral proceedings administration and the dispute resolution process, and the achievement of a greater balance between the right of countries to impose sanctions and the sanctioned parties’ rights in international arbitration.

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