The JetAirways proceedings illustrated a legal vacuum which is yet to be addressed.

The piece considers the principal limitations of blocking-statutes and the underlying assumptions. By examining the anti-sanctions statute through the lens of force majeure, this article exposes its limitations. Finally, it considers the broader framework that may be required if a blocking-statute is to provide meaningful protection rather than symbolic resistance.

The question that this blog asks is whether the trade is a net gain and whether the amendments will be a gain for one class of threshold disputes, while at the same time shifting the fight to a more fact-driven and less predictable landscape.