Stephan den Hartog, Author at Kluwer Arbitration Blog

The EU’s Eighth Package of Sanctions Against Russia and the Potential Ramifications of a Blanket Ban on Legal Advisory Services

Mercédeh Azeredo da Silveira, Stephan den Hartog (AZHA Avocats)/November 1, 2022October 26, 2022 /Leave a comment

Over the past few weeks, Russia has announced a “partial mobilisation,” has illegally annexed the Donetsk, Luhansk, Zaporizhzhia and Kherson regions of Ukraine, and has repeatedly threatened to use weapons of mass destruction, thereby ruthlessly escalating its war of aggression against Ukraine. In response, the EU has imposed its eighth package of sanctions against Russia…

European Law, Russia, Sanctions

The EU’s Clarification on Access to Arbitration in its Seventh Package of Sanctions Against Russia: Trivial or Consequential?

Mercédeh Azeredo da Silveira, Stephan den Hartog (AZHA Avocats)/August 16, 2022August 15, 2022 /Leave a comment

On 21 July 2022, the European Council adopted Decision (CFSP) 2022/1271 amending Decision 2014/512/CFSP and Council Regulation (EU) 2022/1269 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine. One of the amendments introduced by the European Council appears to have assuaged the concerns of arbitral institutions…

asset freeze, Russia, Sanctions, Ukraine

Challenges Faced by Arbitral Institutions Amidst New Waves of Sanctions Against Russia

Stephan den Hartog (AZHA Avocats)/March 23, 2022March 22, 2022 /Leave a comment

In late 2021, the Kluwer Arbitration Blog published a series of posts regarding issues faced by arbitral and financial institutions as a result of restrictions on transfers of funds under both primary and secondary sanctions programmes, and in particular on the potential effects of asset freezes, as well as on restrictions that form part of…

Russia, Sanctions, United States

US Secondary Sanctions Against Russia: Amidst Rising Tensions, Are Arbitral and Financial Institutions At Risk?

Mercédeh Azeredo da Silveira, Stephan den Hartog (AZHA Avocats)/December 11, 2021December 11, 2021 /Leave a comment

This entry is the last in a series of three regarding issues faced by arbitral and financial institutions as a result of restrictions on transfers of funds under primary and secondary sanctions programmes. In the first post, the authors addressed the impact of asset freezes on arbitral institutions and their banks, while the second post…

Iran, Sanctions, United States

US Secondary Sanctions Against Iran: Why Arbitral and Financial Institutions Should Be Cautious

Mercédeh Azeredo da Silveira, Stephan den Hartog (AZHA Avocats)/November 11, 2021November 9, 2021 /Leave a comment

This post, which follows up on a recent submission in respect of the impact of asset freezes on arbitral and financial institutions, addresses some of the issues that may be faced by such institutions as a result of restrictions that form part of the United States’ secondary sanctions against Iran. A third and final post…

Advance on Costs, asset freeze, Sanctions

Asset Freezes and the Payment of Advances on Costs: Are the Proceedings Bound to End Before They Have Even Begun?

Mercédeh Azeredo da Silveira, Stephan den Hartog (AZHA Avocats)/October 19, 2021October 18, 2021 /Leave a comment

This post is the first in a series of three regarding the potential impact of economic sanctions on arbitral and financial institutions. The series addresses critical issues faced by such institutions as a result of restrictions on transfers of funds under primary and secondary sanctions programmes. This first entry discusses the potential effects of asset…

ADR, Arbitration, WIPO Arbitration Rules

The Use of Alternative Dispute Resolution in Art Related Disputes

Stephan den Hartog (AZHA Avocats)/October 23, 2015 /Leave a comment

In 2012, Russian art collector Dmitry Rybolovlev acquired a painting made by Amedeo Modigliani, an Italian artist whose work from the early 20th century is regularly sold for record prices, from art dealer Yves Bouvier for an amount of no less than US $ 118 million. Two years later, Rybolovlev learned by chance that Bouvier…