Sanctions in Commercial Disputes

Abstract This chapter sets out the key sanctions issues arising in commercial disputes. The combination of a new and independent UK sanctions framework post-Brexit and the deployment of that framework by the UK in respect of the Russian invasion of Ukraine in 2022, has led to a sharp increase in sanctions litigation in the UK courts across a number of sectors. The chapter analyses practical and procedural issues including the court’s interpretation of certain problematic sanctions provisions (including legal representation, judgment for designated persons, costs in litigation, and ownership and control), key trends in judicial interpretation involving substantive sanction issues (including the impact of foreign sanctions and anti-suit injunctions), and sanctions issues in commercial arbitration (including enforcement of arbitral awards and investment arbitrations). The chapter includes comprehensive references to all the key judgments of the UK courts in this area.