Sanctions at the Heart of Arbitration Disputes – the Complex Interplay between EU Law and Arbitration

Presentation

International trade restrictions and economic sanctions have probably become the most discussed topic of 2022, as they give rise to a plethora of legal and practical issues the arbitration community is yet to grapple with. It is yet to be seen how arbitral tribunals involved in hearing disputes with a sanctions element will deal with the sanctions regulations themselves. The interaction between the universe of sanctions and arbitration remains unclear to say the least. Sanctions are adopted at the European Union level and, as such, form part of EU law. In that context, what would be the implications for arbitral tribunals if, for instance, the parties to a dispute disagree on the interpretation and scope of sanctions which find themselves at the heart of a dispute? Do arbitral tribunals have the authority to assess and decide on such issues? Are preliminary rulings on such matters warranted from the Court of Justice of the European Union? And what sort of enforcement hurdles would parties be facing in that context and how could these be mitigated?

In this webinar, we will be joined by experienced arbitration and sanctions practitioners as well as representatives from the European Commission and the Court of Justice of the European Union who will share their unique thoughts on how to navigate these challenges.

Following the panel discussion, the audience will have an opportunity to meet the speakers virtually and continue the conversation in an open Zoom room.

Moderator: Geoffroy Lyonnet, Partner, Curtis, Mallet-Prevost, Colt & Mosle (Paris)

Speakers:
• Elena Klonitskaya, Partner, Curtis, Mallet-Prevost, Colt & Mosle (Brussels)
• Nicolaj Kuplewatzky, Référendaire at Court of Justice of the European Union
• Dr Konstantina Georgaki, European Commission, Policy Officer (Capital movements)
• Sebastiano Nessi, Partner, Curtis, Mallet-Prevost, Colt & Mosle (Geneva)

Moderator of the Zoom Q&A chat: Valeriya Grebenkova, Associate, Curtis, Mallet-Prevost, Colt & Mosle