Recital 6

(6) Claims brought by persons, entities or bodies listed in Annex I to Regulation (EU) No 269/2014, or by entities owned by such persons, entities or bodies can not be satisfied if they are related to contracts or transactions affected by restrictive measures. This prohibition also covers claims brought before arbitration tribunals by virtue of arbitration clauses in contracts, contrary to the objective of Article 11 of Regulation (EU) No 269/2014 or Article 11 of Council Regulation (EU) No 833/2014 (4). In order to discourage the initiation of arbitral proceedings by natural or legal persons, entities or bodies listed in Annex I to Regulation (EU) No 269/2014 after restrictive measure have been adopted, which could lead to a circumvention or frustration of restrictive measures, particularly where arbitration proceedings are initiated in a third country, Decision (CFSP) 2026/504 provides for a derogation allowing, under certain conditions, the release of frozen funds or economic resources solely for the payment of costs of arbitral proceedings awarded against such listed persons and to the benefit of parties that are neither persons listed in Annex I to Regulation (EU) No 269/2014 nor owned or controlled by listed persons subject to the restrictive measures set out in in that Regulation , or that are not Russian nationals nor established in Russia and that are not subject to the restrictive measures set out in Regulation (EU) No 833/2014.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-09 · Text as adopted (Official Journal); later amendments are not incorporated in this text.