Following a long and somewhat sleepy existence on the margins of contractual interpretation case law, force majeure clauses (“FMCs”) found themselves subject to a rude awakening with the global onset of COVID in 2020, and consequent interruptions to all manner of contracts relating to global supply chains, major sporting events, and many other facets of business. The judicial analysis of how and when FMCs are engaged in international commerce has continued post-COVID, with the introduction of wide-ranging Sanctions against Russia.Continue Reading Sanctions, Certainty and Pragmatism – the Contemporary Context for Analysing Force Majeure clauses
Christopher P. Moore
The Control Test in the UK’s Sanctions Framework: Recent Developments
Posted in Sanctions, United Kingdom
A key feature of the UK’s financial sanctions framework is that not only designated persons (listed on the UK’s Consolidated List) are subject to sanctions, but also entities that are ‘owned or controlled’ by designated persons, even if not themselves listed.Continue Reading The Control Test in the UK’s Sanctions Framework: Recent Developments
The New Supplemental Arrangement Concerning Enforcement of Arbitral Awards Between Mainland China and Hong Kong
By Richard Kreindler, Till Hackstein, Polina Lehmann, Christopher P. Moore, James Brady‑Banzet, Carlo Santoro, Ari D. Mackinnon, Jean‑Yves Garaud & Ferdinando Emanuele on
The “Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region” was signed on November 27, 2020 and entered into force partially on the same day and partially on May 19, 2021.
Significantly, the Supplemental Arrangement modifies and expands the existing “Arrangement Concerning Mutual Enforcement of Arbitral…
In Annulment Proceedings over ICC Award, Paris Court Rules on Nature of US, EU and UN Sanctions
By Jean‑Yves Garaud, Laurie Achtouk-Spivak, Guillaume de Rancourt, Christopher P. Moore & Camille Martini on
On June 3, 2020, the International Chamber of the Paris Court of Appeal rejected an annulment application brought against an arbitral award rendered by a Paris-seated ICC arbitration tribunal. The ICC tribunal on December 27, 2018 rendered an award in favor of the Iranian Natural Gas Storage Company (“NGSC”), in a dispute arising out of…
The Impact of Sanctions on Arbitration: A Recent Case Study Involving the EU Sanctions Regime
By Christopher P. Moore, Milo Molfa, Adam Grant & Sarah Haddad on
In the case of Ministry of Defence and Support for Armed Forces of the Islamic Republic of Iran v International Military Services Ltd [2019] EWHC 1994 (Comm), the High Court examined in detail the effect of the EU sanctions regime against Iran in the context of the enforcement of arbitral awards.
The High Court found…