Geopolitics of energy arbitration
International energy arbitration is no longer governed by contract law alone. It is increasingly shaped by geopolitics. Wars now determine far more than energy prices. They influence whether long-term supply contracts remain performable, whether arbitral proceedings can continue, and whether the awards they produce can ultimately be enforced.
The Russia-Ukraine war exposed this transformation. Sanctions fractured contractual performance, complicated enforcement against state entities, and elevated public policy from a peripheral concern to a central feature of international arbitration. The conflict also raised whether awards arising from sanctions-affected contracts can survive review against EU public policy at the enforcement stage. That question is now before the CJEU in Reibel v Stankoimport. The Advocate General's February 2026 opinion confirmed that sanctions-affected disputes remain arbitrable in principle while indicating that EU public policy may nevertheless constrain enforcement. Arbitration's promise of finality is increasingly contingent upon........
