The Singapore High Court recently ruled in favour of the Government of Laos in a challenge to the jurisdiction of an arbitral tribunal hearing a claim involving a Macanese company, under the PRC-Laos bilateral investment treaty. This case represents one of the few occasions that a finding of jurisdiction in an investor-state arbitration has been referred to and reviewed by a domestic court Just as importantly, the decision demonstrates the extent to which the Singapore courts will examine the relevant treaties and context surrounding the dispute in order to determine the issue of jurisdiction. Click here for a copy of the judgment. Continue reading
Category: State succession
As Scotland is poised to decide on its future, a number of questions remain unexplored and unresolved in the politics of the Referendum debate.
In our July 2014 webinar, “Cutting through the politics of the Scottish Independence Referendum: The International Law Implications of Independence”, our speakers considered the legal ramifications of an independent Scotland from an international law perspective; including
- Would Scotland automatically be bound by, and benefit from, the UK’s international treaties after independence, and would the remaining UK’s international law rights and obligations be affected?
- How can Scotland negotiate continued membership of the EU and what are the implications?
- How would Scotland’s maritime boundaries be drawn in the event of independence and how does that impact oil and gas reserves in the North Sea?
- What impact would independence have on oil and gas sector regulation?
To access a recording of this webinar, please contact Jane Webber.
With the question of independence on the agenda in Scotland and Kurdistan to name only two, the possible creation of new states has potentially significant ramifications for business, and particularly investments, risk assessments and contracts. Today a panel comprised of Akok Manyuat Madut, Counsellor, Embassy of the Republic of South Sudan, Greg Marten, Associate General Counsel, Shell International B.V., Dominic Roughton, Global Head of Public International Law, and Andrew Cannon, Partner, addressed attendees from a number of different industries and national governments on issues pertaining to state succession.
Drawing on their own experiences, the panel considered: the process and challenges of achieving statehood; the practical and legal effects of state succession from the point of view of those who invest and do business where a new state has been, or may be, created; how states and governments are recognised; the consequences of state continuity and state succession; the private law implications of the creation of a new state on existing contracts; and how land and maritime boundaries can be drawn in the event of independence.
For further information about these issues, please contact Dominic Roughton or Andrew Cannon, or any other member of Public International Law Group at Herbert Smith Freehills.