Unilateral Sanctions and Contracts for the Supply of Medicines and Medical Equipment: Challenges of Force Majeure and International Commercial Arbitration with a Comparative Study of Iran and Russia

Access to medicine is a natural right of every human being. Unilateral sanctions have become one of the most significant factors disrupting the implementation of international contracts for the supply of medicine and medical equipment in sanctioned countries. Although medicine and medical equipment are exempt from many sanctions' regimes under humanitarian exemptions, banking, insurance, and transportation restrictions have seriously hampered the practical execution of these contracts. The present study aims to examine unilateral sanctions and contracts for the supply of medicine and medical equipment, focusing on the challenges of force majeure and international commercial arbitration. This research was conducted using a descriptive-analytical method with a comparative-legal approach, based on a documentary study. Research data were collected and analyzed from the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, the rules of the International Chamber of Commerce (ICC), the New York Convention of ۱۹۵۸, reports from international institutions, and the specialized literature on commercial arbitration. The findings of the study indicate that unilateral sanctions alone are not sufficient to establish force majeure, and proving such a claim requires demonstrating three conditions: being beyond control, foreseeability, and unavoidability. A comparative study of Iran and Russia showed that in concluded contracts, the element of foreseeability is easier to establish in Russian cases, whereas in Iran, due to the long history of sanctions, arbitrators place greater emphasis on proving the ineffectiveness of humanitarian exemptions. Furthermore, the main obstacle to contract performance arises not so much from a direct prohibition on drug exports, but rather from the cautious behavior of banks, insurers, and shipping companies when facing sanctions risk. The results indicate that although choosing arbitration and transnational rules can provide greater impartiality in dispute resolution, banking restrictions, fund transfers, and recourse to public policy continue to render the enforcement of arbitral awards difficult. Accordingly, the study recommends that sanctions risk management begin at the contract drafting stage, and that by including specific sanctions clauses, renegotiation provisions, alternative payment mechanisms, and an appropriate arbitral tribunal, the likelihood of disputes and non-performance can be reduced.

کلیدواژه ها:

Unilateral Sanctions ، Force Majeure ، International Commercial Arbitration ، Pharmaceutical Supply ، Medical Equipment ، Iran