* Mr. Scheinin did not contribute remarks for the Proceedings.

1 Disputes relating to or arising out of sanctions regimes may also be brought in domestic courts, but this paper is concerned with international dispute resolution options.

2 Discussion of the European Court of Justice and the Iran-U.S. Claims Tribunal, and their respective jurisprudence, is omitted here due to the brevity of this summary paper although the author addressed these at the ASIL Annual Meeting 2016.

3 BITs are international agreements between two countries that provide investors of either contracting party who have made a qualified investment in the other contracting party certain rights and protections. The applicable BIT usually sets forth the definitions of “investment” and “investor.”

4 Most BITs contain dispute resolution clauses applicable to disputes between a protected investor and the Host State. Where the relevant dispute resolution clause provides that the investor may elect to arbitrate its dispute with the Host State, such clause is generally interpreted as the Host State's consent to investment treaty arbitration. The investor manifests its consent by filing the arbitration claim.

5 Böckstiegel, Karl-Heinz, Applicable Law in Disputes Concerning Economic Sanctions: A Procedural Framework for Arbitral Tribunals, 30(4) Arb. Int'l. 605, 605 (2014)CrossRefGoogle Scholar.

6 Order with Regard to Request for the Indication of Provisional Measures in the Case Concerning Questions of Interpretations and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya v. U.S.), 1992 ICJ, 31 ILM (Apr. 14, 1992).

7 Case Concerning the Military and Paramilitary Activities in and Against Nicaragua, Merits, 1986 ICJ 14 (June 27).

8 UN Charter, Art. 25.

9 Id. Art. 103.

10 Treaties of Friendship, Commerce and Navigation are the predecessor to BITs.

11 Some BITs have clauses carving out sanctions and declaring the imposition of sanctions nonactionable conduct.