REUTERS | Ilya Naymushin
August 23, 2019

Sanctions and arbitration clauses

REUTERS | Ilya Naymushin
August 23, 2019

Sanctions and arbitration clauses

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
August 19, 2019

When arbitration, politics and sanctions collide: The Iranian Ministry of Defence and Support for Armed Forces Logistics v International Military Services

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
August 15, 2019

The UAE Federal Arbitration Law one year in: taking stock

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
August 9, 2019

Anti-arbitration injunctions: the implications of Sabbagh

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
July 25, 2019

Foreign Office travel advisory update: in exceptional circumstances, service of an enforcement order on a sovereign state need not be effected through the FCO

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 →