This award-winning thesis explores one of the most timely and underexamined issues in contemporary international arbitration: the growing role of "no claims" provisions in sanctions-related disputes. Originally developed within United Nations sanctions regimes to protect parties complying with mandatory sanctions, these provisions have evolved into powerful tools embedded in regional and national sanctions frameworks, particularly within the European Union.
As sanctions increasingly affect international commerce and cross-border contractual relationships, arbitral tribunals are being called upon to determine how, when, and to what extent such provisions should be applied. Through a comprehensive doctrinal and comparative analysis of UN, EU, UK, Swiss, and emerging US sanctions regimes, the thesis demonstrates that the seemingly simple wording of "no claims" clauses conceals complex questions of applicable law, public policy, party autonomy, and award enforceability. It argues that tribunals cannot apply sanctions-related restrictions mechanically. Instead, they must carefully assess the legal source of the provision, its connection to the dispute, and its compatibility with the applicable legal framework and transnational public policy. At the heart of the thesis lies a fundamental unresolved question: do "no claims" provisions permanently extinguish sanctions-related claims, or do they merely suspend them while sanctions remain in force?
The thesis shows how the answer to this question influences every stage of the arbitral process, from the merits of a dispute to the recognition and enforcement of arbitral awards. By examining recent developments arising from sanctions against Russia, it highlights an emerging debate that is likely to shape the future of sanctions-related arbitration. Ultimately, the thesis reveals how a mechanism once rooted in broad international consensus has become a focal point of legal uncertainty in a fragmented sanctions landscape.
By offering a structured framework for understanding and applying "no claims" provisions, it makes a significant contribution to the ongoing dialogue on the intersection of sanctions law, international arbitration, and global economic governance.