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ARTICLE · 27 JUNE 2025

Sanctions Versus Contractual Liability In Jersey Law

Collas Crill
Collas Crill
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Collas Crill

Collas Crill

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The Jersey Royal Court decision of OWH v RTI [2025] JRC137 on 22 May 2025 addresses the challenge to the enforcement of an arbitral award where sanctions are at play.

JerseyCorporate/Commercial Law
Kate Anderson
Kate Anderson
Nin Ritchie
Nin Ritchie
Jack Crisp
Jack Crisp
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The Jersey Royal Court decision of OWH v RTI [2025] JRC137 on 22 May 2025 addresses the challenge to the enforcement of an arbitral award where sanctions are at play.

It provides valuable insight into the considerations of the court in Jersey (the Court) in the emerging area of sanctions law where case law remains light.

The key issue for RTI Ltd (a Jersey company) was whether enforcement of the arbitral award would be contrary to public policy in Jersey as reflected in Article 46A of the Sanctions and Asset-Freezing (Jersey) Law, 2019 (the Jersey Sanctions Law):

'A person is not liable to any civil proceedings to which that person would, in the absence of this Article, have been liable in respect of an act, if at the time of the act the person reasonably believed the act was necessary to comply with an obligation or prohibition imposed:

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