Article 22 Nov. 2023

Maxime Chevalier Publishes Article in Journal of International Dispute Settlement (Oxford University Press)

“International sanctions enacted against Russia as overriding mandatory rules—on which foot should international arbitrators stand?” Associate Maxime Chevalier authored this recent article in the Journal of International Dispute Settlement (Oxford University Press) where he analyses the enforcement of international sanctions by international arbitrators as a matter of overriding mandatory public policy rules.

Over the last decades, the role of international arbitrators has evolved from dealing with purely private interests to promoting the rule of law worldwide and safeguarding the interests of the international community. Following the armed conflict in Ukraine, a plurality of States has enacted international sanctions against Russia, which are currently impacting the performance of many international contracts. First, because national courts have supervisory powers at the post-award stage, the reasoning of international arbitrators may depend on whether such international sanctions are regarded as public policy rules within relevant national legal orders. Secondly, because international arbitral tribunals have no forum, their decision regarding the enforcement of international sanctions will depend on the existing legal theories of international arbitration. After comparing the different results under the territorial, multilocal, and transnational approaches, Mr. Chevalier advocates for the enforcement of international sanctions against Russia as part of transnational public policy rules.

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