- Paris Court again explores post-award impact of international sanctions (DNO Yemen v Yemen)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: On 5 October 2021, the International Chamber of the Paris Court of Appeal (the ‘Court’) rejected an application to set aside on grounds of public policy an international arbitration award ordering foreign investors to pay damages to the Ministry of Oil and Minerals of Yemen and a Yemeni state-owned entity, following withdrawal from an oil project. The decision provides valuable guidance on the interplay of economic sanctions and international arbitration, a topic on which the Court had already made significant statements in its Sofregaz decision. It also addresses the post-award impact of humanitarian and human rights law. The Court confirmed that the conformity of the arbitral award with international public policy is assessed at the time of the Court’s determination, and set out the analytical framework with respect to alleged violations of international human rights and humanitarian law, and UN and EU sanctions in relation to Yemen. Written by Romain Zamour and Alma M Mozetič, associates at Debevoise & Plimpton LLP.
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