Dr Andrey Kotelnikov a.kotelnikov@rgu.ac.uk
Lecturer
Dr Andrey Kotelnikov a.kotelnikov@rgu.ac.uk
Lecturer
Anna Aseeva
Editor
Jędrzej Górski
Editor
Economic sanctions, particularly unilateral ones, are an increasingly popular instrument of foreign policy. Some states have extensive experience in adopting them and in resolving private disputes arising from such measures. For other countries, this practice is more recent and their sanction regimes are not as mature. Against the background of post-2014 sanction regimes targeting Russia and its counter-sanctions, this article considers the primary aspects of the impact sanctions have on the private contractual sphere. These include qualification of sanctions as a ground for invalidity of contracts and as impediment excusing debtors from the performance of their obligations. The article begins by analysing the theoretical framework developed in international doctrine and practice. It highlights the differences between the application of sanctions by domestic courts and by arbitral tribunals and considers their significance. Alongside its international counterparts, the article considers Russian domestic statutory regulation, which is well-developed and similar to that in other civil law European jurisdictions. Although it is possible to hypothesise on the possible judicial approaches, available Russian case law on this subject remains scarce and occasionally inconsistent. The avenues for further development of fundamental approaches in the practice of courts and arbitral tribunals are explored in the conclusion.
KOTELNIKOV, A. 2021. Contracts affected by economic sanctions Russian and international perspectives. In Aseeva, A. and Górski, J. (Eds.) The law and policy of new Eurasian regionalization: economic integration, trade, and investment in the post-Soviet and greater Eurasian space. Nijhoff international trade law, 18. Leiden: Brill [online], chapter 17, pages 294-326. Available from: https://doi.org/10.1163/9789004447875_018
Online Publication Date | Jan 11, 2021 |
---|---|
Publication Date | Jan 25, 2021 |
Deposit Date | Oct 13, 2022 |
Publicly Available Date | Oct 13, 2022 |
Publisher | Brill Academic Publishers |
Pages | 294-326 |
Series Title | Nijhoff international trade law |
Series Number | 18 |
Series ISSN | 1877-7392 |
Book Title | The law and policy of new Eurasian regionalization: economic integration, trade, and investment in the post-Soviet and greater Eurasian space |
Chapter Number | Chapter 17 |
ISBN | 9789004447868 |
DOI | https://doi.org/10.1163/9789004447875_018 |
Keywords | Economic sanctions; Invalidity of contracts; An impediment to performance; Force majeure |
Public URL | https://rgu-repository.worktribe.com/output/1777916 |
Contract Date | Jan 11, 2021 |
KOTELNIKOV 2021 Contracts affected (AAM)
(561 Kb)
PDF
Publisher Licence URL
https://creativecommons.org/licenses/by-nc/4.0/
Economic sanctions arbitrability and public policy.
(2020)
Journal Article
Contracts affected by economic sanctions: Russian and international perspectives.
(2020)
Journal Article
The evolution of European policies on investment arbitration.
(2019)
Journal Article
The arbitration agreement.
(2019)
Book Chapter
Award.
(2019)
Book Chapter
About OpenAIR@RGU
Administrator e-mail: publications@rgu.ac.uk
This application uses the following open-source libraries:
Apache License Version 2.0 (http://www.apache.org/licenses/)
Apache License Version 2.0 (http://www.apache.org/licenses/)
SIL OFL 1.1 (http://scripts.sil.org/OFL)
MIT License (http://opensource.org/licenses/mit-license.html)
CC BY 3.0 ( http://creativecommons.org/licenses/by/3.0/)
Powered by Worktribe © 2025
Advanced Search