1/3LY: Investing in Iran

Analysis

Iran has attracted considerable interest in recent months following implementation of the Joint Comprehensive Plan of Action (JCPoA) in January 2016. The effect is a substantial (but by no means absolute) abolition of EU sanctions, together with a significant reduction in US secondary sanctions. Of course, US primary sanctions remain in place.

Investors and those intending to trade with Iran directly or indirectly are still faced with compliance issues, notably avoiding involvement with so-called "designated" or "specially designated nationals". There are also practical problems in arranging finance, handling payments and obtaining effective insurance.

The subject of this brief article is the issue of the governing law and forum for dispute resolution with Iranian counterparties. The importance of these aspects will depend upon the size of the transaction, its intended life and the methods by which payments are to be made. We consider mainly one scenario where a foreign/EU counterparty is seeking to invest in Iran in a long-term project.

Memorandum of Understanding: Is it binding?