The impact of foreign economic sanctions on commercial contracts

Foreign economic sanctions were in the focus of domestic lawyers’ attention for half a dozen years. The new legal regime persons directly or indirectly involved sanctioned cross-border commercial activities has been studied science mainly context public law, and — applied aspect through prism compliance procedures. However, no less important is problem regulation its embodiment private law instruments contract law. purpose study to summarize analyze effectiveness accumulated practice use pre-contractual contractual mechanisms manage risks caused by foreign restrictive measures. To achieve goal, general scientific methods analysis, synthesis, generalization, as well comparative method approaches empirical analysis are used. Following presentation leading Russian state courts qualification sanctions, most promising options business at stages studied. In line with best practices, procedures (external internal compliance) ways mitigate proved be effective alleviation burden. Both sets measures developed introduced into daily routine participants themselves. Contractual makes decisive contribution reducing degree negative consequences business. effectively risk, representatives community wide range provisions: clauses, force majeure currency choice applicable clauses arbitration clauses. success such initiatives, strengthened development standard forms terms contracts, confirmed judicial practice.