Sanctions context analysis explains the applicable sanctions regime, specific designations at relevant dates, and whether contractual obligations could lawfully be performed. Nearly 25% of ICC cases in Q1 2024 involved sanctions, making this expertise central to modern arbitration.
Experts address Russia-Ukraine sanctions, Iran re-sanctions (2025), UK OFSI implementation, EU and US interaction, secondary sanctions, and blocking regulations that create conflicting legal obligations.
Analysis supports force majeure and frustration arguments, performance impossibility, foreseeability at contract formation, and post-award enforcement challenges in sanctions-affected disputes.
Frequently Asked Questions
Can sanctions constitute force majeure?
Sanctions can constitute force majeure where they make performance impossible, illegal, or commercially unreasonable, depending on contract wording, applicable law, and foreseeability at contract formation. Experts analyse the specific sanctions landscape at the relevant dates.
How do blocking regulations affect analysis?
EU and UK blocking regulations may prohibit compliance with foreign sanctions, creating conflicting obligations. Experts explain the regulatory framework and what performance options were available to parties subject to overlapping regimes.