The Effect of Economic Sanctions on International Commercial Arbitration in light of European :union: Approach
Consent and party autonomy, along with the neutrality of arbitral tribunal, are the most featured distinction of arbitration vis a vis other dispute resolution methods. These fundamental features, however, might be affected by the application of unilateral economic sanctions of regional organization...
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| Format: | Article |
| Language: | fas |
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Tarbiat Modares University
2022-12-01
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| Series: | پژوهش های حقوق تطبیقی |
| Subjects: | |
| Online Access: | http://clr.modares.ac.ir/article-20-65412-en.pdf |
| _version_ | 1797216951697670144 |
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| author | Oveis Rezvanian Eeta Khosro khakpour |
| author_facet | Oveis Rezvanian Eeta Khosro khakpour |
| author_sort | Oveis Rezvanian |
| collection | DOAJ |
| description | Consent and party autonomy, along with the neutrality of arbitral tribunal, are the most featured distinction of arbitration vis a vis other dispute resolution methods. These fundamental features, however, might be affected by the application of unilateral economic sanctions of regional organizations (i.e. European Union) which is indeed for protecting their foreign security policy frameworks and fundamental interests.
In one hand, the arbitral tribunals have to respect the parties’ choices, namely the applicable law (which might be against the sanctions), and in the other hand, the courts are obliged to recognized the European Union sanctions as public policy and overriding mandatory provisions and accordingly, set aside or annul the arbitral awards contrary to these provisions.
Therefore, the main aim of this research project is to study of the effect of European Union economic sanctions on commercial arbitration disputes, as well as the approach of pertinent courts. The key result is that arbitral tribunals in confrontation with such sanctions as jus cogens, rely on their authorities particularly in term of applicable law, recognition and enforcement of the arbitration award. |
| first_indexed | 2024-04-24T11:54:07Z |
| format | Article |
| id | doaj.art-237cf21e48964aef8cd00ce5f420939a |
| institution | Directory Open Access Journal |
| issn | 2251-6751 2476-6801 |
| language | fas |
| last_indexed | 2024-04-24T11:54:07Z |
| publishDate | 2022-12-01 |
| publisher | Tarbiat Modares University |
| record_format | Article |
| series | پژوهش های حقوق تطبیقی |
| spelling | doaj.art-237cf21e48964aef8cd00ce5f420939a2024-04-09T05:58:01ZfasTarbiat Modares Universityپژوهش های حقوق تطبیقی2251-67512476-68012022-12-01264129The Effect of Economic Sanctions on International Commercial Arbitration in light of European :union: ApproachOveis Rezvanian0Eeta Khosro khakpour1 Assistant Professor, Department of Law, Faculty of Law, Institute for Management and Planning Studies, Tehran, Iran Department of Law, Faculty of Law, Theology and Political science, Science and Research Branch, Islamic Azad University, Tehran, Iran Consent and party autonomy, along with the neutrality of arbitral tribunal, are the most featured distinction of arbitration vis a vis other dispute resolution methods. These fundamental features, however, might be affected by the application of unilateral economic sanctions of regional organizations (i.e. European Union) which is indeed for protecting their foreign security policy frameworks and fundamental interests. In one hand, the arbitral tribunals have to respect the parties’ choices, namely the applicable law (which might be against the sanctions), and in the other hand, the courts are obliged to recognized the European Union sanctions as public policy and overriding mandatory provisions and accordingly, set aside or annul the arbitral awards contrary to these provisions. Therefore, the main aim of this research project is to study of the effect of European Union economic sanctions on commercial arbitration disputes, as well as the approach of pertinent courts. The key result is that arbitral tribunals in confrontation with such sanctions as jus cogens, rely on their authorities particularly in term of applicable law, recognition and enforcement of the arbitration award.http://clr.modares.ac.ir/article-20-65412-en.pdfkeywords: economic sanctions regimeeuropean unioninternational commercial arbitrationpublic policy. |
| spellingShingle | Oveis Rezvanian Eeta Khosro khakpour The Effect of Economic Sanctions on International Commercial Arbitration in light of European :union: Approach پژوهش های حقوق تطبیقی keywords: economic sanctions regime european union international commercial arbitration public policy. |
| title | The Effect of Economic Sanctions on International Commercial Arbitration in light of European :union: Approach |
| title_full | The Effect of Economic Sanctions on International Commercial Arbitration in light of European :union: Approach |
| title_fullStr | The Effect of Economic Sanctions on International Commercial Arbitration in light of European :union: Approach |
| title_full_unstemmed | The Effect of Economic Sanctions on International Commercial Arbitration in light of European :union: Approach |
| title_short | The Effect of Economic Sanctions on International Commercial Arbitration in light of European :union: Approach |
| title_sort | effect of economic sanctions on international commercial arbitration in light of european union approach |
| topic | keywords: economic sanctions regime european union international commercial arbitration public policy. |
| url | http://clr.modares.ac.ir/article-20-65412-en.pdf |
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