REUTERS | Ilya Naymushin
REUTERS | Ilya Naymushin

Sanctions have been described as the new economic battlefield and, in recent years, there has been a sharp increase in the imposition of sanctions as a foreign policy tool for effecting political change. This blog post considers some of the practical implications of sanctions for those drafting arbitration clauses. Whilst there is no perfect solution to the problems that arise as a result of the imposition of sanctions, this post highlights some of the key issues to consider and how the choices made by the parties can, in some cases, minimise the impact of sanctions on the conduct of an international arbitration. Whilst this blog focuses on the impact of EU and US sanctions on Russian entities, the points discussed are of general application. Continue reading

REUTERS | Amir Cohen

There are few arbitration cases which, whilst starting off as a contractual dispute, over time morph into a symbol of something else entirely. The case of The Iranian Ministry of Defence and Support for Armed Forces Logistics (MODSAF) v International Military Services is one such case. Continue reading

REUTERS | Jumana El Heloueh

The adoption of the UAE Federal Arbitration Law (UAE FAL) was welcomed with great acclaim in June last year. It entered into force on 16 June 2018 and has since applied to arbitrations seated in the UAE, including those pending at the time of entry into force of the new law. The UAE FAL is, in relevant part, albeit not exclusively, based on the UNCITRAL Model Law, which in itself has lifted the perception of UAE-seated arbitrations that are governed by the new law to a new level. The UAE is now seen as a Model Law jurisdiction that complies with international best standards and practice. Continue reading

REUTERS | Toby Melville

In Sabbagh v Khoury, the Court of Appeal confirmed the court’s jurisdiction to grant an anti-arbitration injunction (AAI) in exceptional cases where it would be vexatious and oppressive because of proceedings in England. Additionally, it held that it was not necessary for the exercise of that jurisdiction to show that England was forum conveniens. Continue reading

REUTERS | Esam Omran Al-Fetori

In General Dynamics United Kingdom Ltd v The State of Libya, the English Court of Appeal, comprised of Etherton MR and Longmore and Flaux LJJ recently gave judgment reversing, in part, a decision of Males LJ in the English Commercial Court. Males LJ had held that service of an order permitting the claimant to enforce an arbitral award against a sovereign state must be effected through the Foreign and Commonwealth Office (FCO) (see my earlier blog). Continue reading