The representatives from Austria, England, Germany, Switzerland, and the USA discussed various contemporary issues of economic sanctions and arbitration, such as:
THE NATURE OF ECONOMIC SANCTIONS:
- Types and forms of sanctions (international, regional, unilateral, sectoral, personal, primary, secondary)
- Current examples (EU, Russia, Switzerland, United Nations, USA, etc.)
THE IMPACT OF SANCTIONS ON THE APPLICABLE SUBSTANTIVE LAW:
- Nullity / Voidability of Contracts (Impossibility, Hardship, Force Majeure – Foreseeability, Beyond parties’ control, self-inflicted, avoidance etc.)
- Application of sanctions regulations as material law.
THE IMPACT OF SANCTIONS ON ARBITRATION PROCEEDINGS
- Institutions (joint statement by SCC, LCIA, ICC)
- Counsel and Experts
- Payments and banks
THE IMPACT OF SANCTIONS ON THE RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS
- Violation of due process
- Ordre public
- Is there a sanctions free law and arbitration venue?