Sanctions and International Arbitration
Recent developments in sanctions and arbitration including issues of arbitrability, enforcement, and conduct of arbitration.
Posted 14th Sept, 2025
Recent developments in sanctions and arbitration including issues of arbitrability, enforcement, and conduct of arbitration.
Posted 14th Sept, 2025
Many thanks to our new CIArb London branch committee member
Mikhail Vishnyakov FCIArb for moderating, and to his firm
hashtag#CookeYoungandKeidenLLP for kindly hosting our last event before the summer break
Sanctions and International Arbitration
We are grateful to our speakers for giving up their time. Despite having to compete with Wimbledon, Brickcourtchambers soiree at the Sky Garden (oh to be on that guest list), and other summer events, the room was packed.
The speakers took us through recent developments in sanctions and Arbitration (arbitrability, enforcement and conduct).
Maya Lester KC
Took us through the framework, how sanctions as foreign policy tools have increased, and been drawn up rapidly, and come thick and fast regarding Russia.
UK Brexit phenomenon.
Difficulties in knowing who is subject to sanctions. Also legal uncertainties re payment.
Saima Hanif KC
Took us through a case from Jersey
OWH SE i.L v RTI Ltd [2025] JRC 137
Marina Tarnovskaia
Went through LCIA statistics, and the difficulties that arise when part way through a hearing one party is subject to sanctions.
“The main sanctions regimes which are invoked: the UK, the USA, the EU, Switzerland and Canada.
In respect of the UK, LCIA applied the General Licence and the Arbitration Costs General Licence in more than 80 arbitrations. The Licence works well so the procedural impact of the UK sanctions is rather minimal. We have not seen instances where a candidate arbitrator rejected to accept the appointment due to the UK sanctions. There could be a delay in payment and a corresponding request to extend the procedural deadlines (or vacate a hearing) but it is not a frequent situation. Sometimes it is tactical.
So far we have not seen any case which goes beyond the cap afforded by the General Licence.”
Shantanu Majumdar KC
Spoke about anti-suit and anti anti-suit injunctions
UniCredit bank Gmbh v RusChem Alliance LLC [2025] EWCA Civ99
UniCredit when facing a 250million euro fine, asked the Court of Appeal to vary the anti-suit injunction.
Different positions taken by English and French courts whilst respecting Judicial Comity
(CIArb London branch hopes to explore the views held across La Manche in a future seminar).
This area is evolving, and the above a simple snapshot of a very detailed and informative seminar.
