International Commercial Arbitration Faces Challenges Amid Sanctions and Geopolitical Tensions
International commercial arbitration, traditionally seen as a neutral forum for resolving cross-border business disputes, is increasingly under strain due to geopolitical tensions and sanctions. The strategic use of law, known as 'lawfare', has turned arbitration into a battleground for geopolitical contestation. Sanctions, particularly those imposed following Russia's annexation of Crimea and the invasion of Ukraine, have complicated contractual relationships and channeled disputes into arbitration. Legal instruments are being used by states to displace arbitral authority, while private parties exploit legal asymmetries for commercial advantage. This has led to a cycle of counter-lawfare, with courts issuing anti-suit injunctions and legislative responses from entities like the EU. Arbitration's ability to remain neutral and effective is being tested as it navigates these complex dynamics.