International sanctions enacted against Russia as overriding mandatory rules—on which foot should international arbitrators stand

Chevalier, Maxime (2023) International sanctions enacted against Russia as overriding mandatory rules—on which foot should international arbitrators stand. Journal of International Dispute Settlement. pp. 1-28. ISSN 2040-3593 (In Press)

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Abstract

Over the last decades, the role of international arbitrators has evolved from dealing with purely private interests to promoting the rule of law worldwide and safeguarding the interests of the international community. Following the armed conflict in Ukraine, a plurality of States has enacted international sanctions against Russia, which are currently impacting the performance of many international contracts. This article analyses the enforcement of international sanctions by international arbitrators as a matter of overriding mandatory public policy rules. This article also draws a new perspective on the subject, by analysing it from two different yet complementary approaches. First, because national courts have supervisory powers at the post-award stage, the reasoning of international arbitrators may depend on whether such international sanctions are regarded as public policy rules within relevant national legal orders. Secondly, because international arbitral tribunals have no forum, their decision regarding the enforcement of international sanctions will depend on the existing legal theories of international arbitration. After comparing the different results under the territorial, multilocal, and transnational approaches, the author advocates for the enforcement of international sanctions against Russia as part of transnational public policy rules

Item Type: Article
Keywords: International Arbitrators | Armed Conflict | Ukraine | International Arbitral Tribunals
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > International Relations
Social Sciences and humanities > Social Sciences > Law and Legal Studies
Social Sciences and humanities > Social Sciences > Political Science
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 14 Nov 2023 18:36
Last Modified: 21 Nov 2023 19:18
Official URL: https://doi.org/10.1093/jnlids/idad022
URI: https://pure.jgu.edu.in/id/eprint/6903

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