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Unilateral Coercive Measures and Crisis of Cross-border Dispute Resolution
Massive and ever increasing use of Unilateral Coercive Measures (UCMs) considerably affects the sphere of international trade and investment, it also inevitably produces disruptive side-effects for cross border dispute resolution. In Russia–West relations it triggered the erosion of rules and procedures aimed at creating neutral and reliable dispute resolution mechanisms, resulted in unequal treatment of parties to commercial and other disputes, ignorance of res judicata and lis pendens rules designed to prevent conflicts of jurisdiction, and risks of contradictory and incompatible judgements.
Jurisdictional battles, anti-suit and anti-anti-suit injunctions leave little or no space for international comity, reciprocity or mutual recognition and enforcement of court judgements in civil and commercial matters. UCMs have also become an existential threat to international arbitration as parties to a dispute regularly face severe difficulties in implementing arbitration agreements, using arbitration infrastructure and in the subsequent enforcement of arbitration awards. This chapter illustrates emerging disruptive trends and provides analysis of the main problems related to the impact of UCMS on access to justice.