Sanctions now shape how parties bring claims, perform contracts, and enforce awards. Nearly 25% of ICC cases in Q1 2024 involved sanctions, with the trend expected to continue through 2026.
Expert coverage includes OFSI, OFAC, EU sanctions, secondary sanctions, due diligence obligations, force majeure, frustration, and the interaction between blocking regulations across jurisdictions.
Sanctions expert witnesses analyse the applicable sanctions regime, specific designations and restrictions at the relevant time, and whether contractual obligations could lawfully be performed given conflicting regulatory frameworks.
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Frequently Asked Questions
How does sanctions expert evidence work in arbitration?
Sanctions expert witnesses analyse the applicable sanctions regime, the specific designations and restrictions at the relevant time, and whether contractual obligations could lawfully be performed. They address the interaction between different jurisdictions' sanctions regimes, particularly where EU, UK, and US sanctions apply simultaneously with conflicting blocking regulations.
Can sanctions constitute force majeure?
Sanctions can constitute force majeure where they make performance of a contractual obligation impossible, illegal, or commercially unreasonable, but this depends on the specific contract language, the applicable law, and whether the sanctions were foreseeable at contract formation. Political risk experts analyse the foreseeability and impact of sanctions as a force majeure trigger.