Results of the workshop on “Neutrality of arbitrators in sanctions disputes”

On April 12, 2024, Dmitry Kuptsov (Partner in the Dispute Resolution Practice and Head of International arbitration Practice at ALRUD Law Firm) and Saglar Ochirova (Senior Associate at ALRUD Law Firm) shared some insights from their study on “Neutrality of arbitrators in sanctions disputes” at the premises of the Laboratory of International Justice (hereinafter “Laboratory”).

For the discussion, the Laboratory invited Russian leading legal specialists Vadim Vunukainen (Counsel of the Dispute Resolution Practice at Law firm “RGD” and Sergey Lysov (Senior Associate at Law firm “MZS”). Konstantin Tsymbalov also took part in the discussion (Legal Adviser of the Russian Arbitration Center at the Russian Institute of Modern Arbitration).

During the workshop, the participants discussed whether it is possible to find a neutral arbitrator in modern realities to resolve a dispute related to the application of sanctions and what criteria such an arbitrator shall meet, as well as tried to determine the long-term consequences of the inability to resolve such a dispute in the absence of an arbitrator(s) who satisfy the parties’ requirements of neutrality.

In addition, during the Q&A session, the participants also discussed the drafting and adaptation of arbitration clauses and whether there is a need to create general recommendations exclusively on the neutrality of arbitrators, as well as other topics.

We are grateful for the guests’ active participation and invite everyone to take part in other events of the Laboratory.