Potts noted that the Russia‑Ukraine investor‑state matters have become “ground zero, so to speak, for testing geopolitical-influenced arbitrations,” with Russian oligarchs already having initiated investment treaty claims challenging earlier imposed sanctions.
He described these challenges as a “new arm” of investor-state arbitration, differing from traditional cases focused on government overreach.
“That’s a significant move, and it’s interesting to see how sanctions are being challenged through civil litigation,” Potts added. “I don’t think investor-state disputes really contemplated, when this occurred, [that] sanctions would result in governments having to consider whether or not they’re going to sanction somebody, and therefore end up in a multiyear dispute over whether or not those sanctions were appropriate.”
