Enforcement under Article V(2)(a) of the New York Convention: Impacts of Sanctions Concerning Russia on Arbitrability
Article from: TDM 2 (2024), in Sanctions and International Arbitration
Abstract
The article delves into the complex, sanctions-related issues surrounding the arbitrability defense of article V(2)(a) of the New York Convention. The extensive sanctions imposed by Western countries on the Russian Federation following the 2022 war in Ukraine led to uncertainties regarding the arbitrability of disputes. The uncertainties are aggravated by the countersanctions adopted by Russia, which directly target the arbitrability of disputes involving parties sanctioned by Western countries as well as disputes arising out of these sanctions. This article highlights the need ...