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Kazachenok S.Yu. The Impact of the Global Sanctions Policy on Arbitrating by the International Commercial Arbitration Courts: Risks and Prospects for the Russian Federation

DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.3

Svetlana Yu. Kazachenok, Doctor of Sciences (Jurisprudence), Honored Lawyer of the Russian Federation, Professor, Department of Civil and International Private Law, Base Department of the Southern Scientific Centre of the Russian Academy of Sciences, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-9403-820X


Introduction: the institution of international commercial arbitration is very popular when concluding foreign economic transactions and is a universal way of resolving the international economic disputes, but it is extremely susceptible to sanctions. In this regard, it is important to understand the impact of sanctions on the resolution of disputes in the international commercial arbitration. The purpose of this work is to study the impact of the sanctions policy on the resolution of disputes in various arbitration institutions, as well as to determine the risks and prospects of the Russian Federation in the settlement of international commercial disputes. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the method of analysis and the formal logical method. Results: the impact of sectoral and personal, primary and secondary sanctions on the dispute resolution in various arbitration institutions has been studied. Conclusions: the sanctions policy of the United States and the European Union significantly affects the choice of the Asian arbitration institutions as a place of arbitration and, in our opinion, can have a positive impact on the development of the Russian commercial arbitration centers.

Key words: international commercial arbitration, economic sanctions, sectoral sanctions, personal sanctions, secondary sanctions, sanctions policy.

Citation. Kazachenok S.Yu. The Impact of the Global Sanctions Policy on Arbitrating by the International Commercial Arbitration Courts: Risks and Prospects for the Russian Federation. Legal Concept, 2020, vol. 19, no. 1, pp. 24-31. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.3

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