Three Crowns

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Katerina Palkovska
Associate
Three Crowns
Shaparak Saleh
Partner
Three Crowns
Contributions by Three Crowns Experts

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Sanctions in arbitration—from contracting to enforcement—checklist
Sanctions in arbitration—from contracting to enforcement—checklist
Practice Notes

Sanctions must be considered throughout the life of a transaction and any resulting dispute. The 50 questions in this Checklist identify practical issues to consider from initial risk assessment and contract drafting through to the commencement and conduct of arbitral proceedings, recognition, enforcement and ultimate recovery.Sanctions issues are rarely neatly labelled as such. A designation or new sanctions measure arising midway through a contract can raise a series of practical questions: Can the contract still be performed? Can payments be made? Can counsel act? Can the institution and tribunal be paid? Can documents be transferred and witnesses heard? And, ultimately, can an award actually be enforced and the proceeds recovered?The existence of sanctions does not, however, necessarily prevent an arbitration from proceeding. Depending on the applicable sanctions regime and the circumstances, the issue may instead be whether particular acts, services or payments are permitted or require an exemption, licence or other authorisation. Sanctions may affect contractual performance, payment, participation in the arbitration, the

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