Change of the Seat of Arbitration or Applicable Law

In the context of sanctions imposed by various states, Russian individuals have encountered difficulties in defending their rights at the stage of international arbitral proceedings. In such cases, Russian individuals under sanctions have sought to modify the seat of arbitration or the applicable law to avoid the negative consequences of the rejection of an arbitral award or the dismissal of claims. However, in most cases, arbitral tribunals have denied the parties’ applications to change the seat of arbitration. Nevertheless, the article provides examples from judicial and arbitration practice that indicate the possibility of changing the seat of arbitration. With respect to the change of applicable law, the author points to the application of the concept of inherent powers, which is exercised with extreme caution in practice.