Lex Fori Archives - Kluwer Arbitration Blog

Applicable Law, Blocking regulations, Economic Sanctions, EU Law, European Union, Government intervention, Iran, Lex Arbitri, Lex Fori, Sanctions, United States

Sanctions vis-à-vis Blocking Measures and the Dilemma Faced by Arbitral Tribunals: Lessons Drawn From EU Blocking Regulation and U.S Extraterritorial Sanctions

Naimeh Masumy and Niyati Ahuja (Steptoe & Johnson LLP)/November 7, 2019January 16, 2020 /Leave a comment

Introduction The United States announced the reinstatement of sanctions on Iran in May 2018. Following that, the EU responded by revising their Blocking Regulation (Regulation 2271/96) in August 2018. The Blocking Regulation was designed to safeguard European entities from the extraterritorial reach of the U.S. sanctions. The uncertainty surrounding the scope of application and the nature of blocking…

Arbitration Agreement, English Arbitration Act, Lex Arbitri, Lex Fori, Separability

What Law Governs the Separability of an Arbitration Agreement?

Francis Hornyold-Strickland (Wilmer Cutler Pickering Hale and Dorr LLP)/December 25, 2016December 25, 2016 /Leave a comment

Introduction It is a key principle in many jurisdictions across the world that arbitration clauses should be separable from the underlying contract in which they are contained. This prevents arbitration clauses from being denuded of their effect, particularly where the contract is void for fraud. However, not all jurisdictions uphold the separability principle. Therefore, in…