Frank Pan and Kerry Contini: Tricky terrain – Navigating US and Chinese trade controls

Sanctions compliance is typically represented as a matter between governments and companies: comply or face prosecution. But in the ‘real world’ issues frequently occur in disputes between private parties, with companies claiming, for example, that a force majeure clause is triggered by the imposition of sanctions that excuses a party’s performance, or that the contract cannot be performed because it has been ‘frustrated’. Blocking Statutes have added to the complexities in this area.