Analysis of the Consequences of Sanctions on International Commercial Arbitration

Abstract

Following the expansion of trade oversight intensified in recent years by the United States and the European Union; Private settlement of cross-border trade disputes has faced new problems and challenges. One of these measures is the imposition of international sanctions, which have been used repeatedly in our country. The existence of these sanctions, of course, overshadows the contracts and agreements between the sanctioned parties and other individuals, and in many cases makes their implementation difficult or even impossible. In the present article, according to the arbitration rules of international commercial arbitration institutions, including; The Arbitration Court of the International Chamber of Commerce, the Arbitration Court of London, as well as related international conventions, in particular the Convention on the International Sale of Goods, will answer the question of what kinds of effects do sanctions impose on international commercial arbitration. The conclusion of the present study is that sanctions affect international commercial arbitration in five ways: the effect on arbitrators, international arbitration centers, implementation of international arbitral awards, contract law, and contractual parties. Sanctioning states have also generally invoked unilateral sanctions as a rule of "public order" in international commercial arbitrations in order to legally justify sanctions.

Keywords

• sanctions
• international commercial arbitration
• public order
• arbitrability
• human rights