Скачать или смотреть Economic Sanctions as an Exception to Complying with International Trade and Investment Obligations

Please note that this summary of the panel was AI-generated and therefore has not been fully vetted for accuracy.

During the Washington Arbitration Week session, the panel discussed the increasingly relevant topic of economic sanctions as exceptions to international trade and investment obligations. The discussion was initiated by a panelist who expressed gratitude for the opportunity to engage in this timely topic, particularly in light of the ongoing geopolitical tensions, notably the conflict between Russia and Ukraine.

The panelists provided a framework for understanding economic sanctions, which can be imposed by individual states or international bodies like the UN for reasons including national security, foreign policy, and combating terrorism. They noted a shift from broad, country-wide sanctions to more targeted measures aimed at specific sectors or individuals. This evolution reflects a growing complexity in how sanctions are defined and applied.

The discussion highlighted key legal concepts, including the jurisdiction of arbitration tribunals when states invoke national security exceptions. It was noted that while historically, states have sought to avoid judicial scrutiny of their security measures, recent jurisprudence suggests that tribunals are increasingly willing to assess the validity of such claims. The panel emphasized that essential security interests must be clearly articulated and justified, even if a state is not directly involved in a conflict.

Panelists included Jim Mendenhall, Craig Garver, Christina Shultz, and Nikhil Kilgore, each bringing unique perspectives from their respective legal backgrounds in international arbitration and trade policy. Mendenhall focused on the complexities of jurisdiction concerning national security exceptions, while Garver expanded on the implications of sanctions in investment arbitration contexts. Shultz discussed practical challenges in arbitration proceedings due to sanctions, such as payment difficulties and the impact on tribunal composition. Kilgore contributed insights on how sanctions can serve as both obstacles and aids to enforcement of arbitration awards.

The session concluded with a Q&A, addressing questions about the immunity of state assets from sanctions and the public policy defenses available to states in investment disputes. The panelists underscored the importance of understanding the evolving legal landscape surrounding sanctions to effectively navigate the complexities of international arbitration.

Authors: Lucinda Low, Janet Whittaker, Nikhil Gore, James Mendenhall, Craig Gaver