CLAIMS SUBMISSION PROCESS COMMENCES FOR REGISTER OF DAMAGE FOR UKRAINE

The Register of Damage for Ukraine (the Register) opened its claims submission process on 2 April 2024. The Register represents an important effort to document the impact of the conflict and collect and process claims for damages resulting from the Russian invasion of Ukraine. The launch of the claims submission process is a pivotal moment … Read more

THE EU AND CANADA ADOPT PROCEDURAL RULES FOR THE CETA INVESTMENT COURT SYSTEM

On 29 January 2021, the European Union (“EU”) and Canada adopted four decisions (the “Decisions”), which put in place specific rules elaborating the Investment Court System (“ICS”) agreed in the EU-Canada Comprehensive Economic and Trade Agreement (“CETA”). The Decisions set out detailed rules and procedures regarding the structure of the Appellate Tribunal and the conduct … Read more

European Commission issues procedural proposals for the Investment Court System envisaged under CETA

In October 2019, the European Commission (the “Commission“) presented four proposals (the “Proposals“) to the Council of the European Union (the “Council“) with specific rules to establish the Investment Court System (“ICS“) envisaged under the EU-Canada Comprehensive Economic and Trade Agreement (“CETA“). If the Council and the EU Member States approve the Proposals, the EU … Read more

THE EUROPEAN COMMISSION’S EVALUATION AND FITNESS CHECK ROADMAP: AN OPPORTUNITY TO IMPROVE THE EU-CENTRAL AMERICA ASSOCIATION AGREEMENT

On 29 June 2012, the European Union and the six partner countries in Central America – Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama – signed an Association Agreement (the EU-Central America Association Agreement) (the “Association Agreement“).  The purpose of this FTA was to develop trade and investment relations between parties. On 13 May … Read more

LANDMARK RULING ON THE WTO NATIONAL SECURITY EXCEPTION

In a landmark decision concerning Ukraine’s complaint against Russia’s transit restrictions, a WTO Panel has ruled for the first time on the nature of the GATT national security exception. The Panel took the view that the invocation of the exception is justiciable and subject to scrutiny by the WTO Dispute Settlement Body (DSB). This is contrary to the position … Read more

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA PRESCRIBES PROVISIONAL MEASURES REQUIRING RUSSIA TO RELEASE THREE UKRAINIAN NAVAL VESSELS

Following an incident last November, the International Tribunal for the Law of the Sea (“ITLOS”) has prescribed provisional measures requiring Russia to release three Ukrainian naval vessels. Background The November 2018 incident and institution of arbitration In late November 2018, the Russian coast guard arrested and detained three Ukrainian naval vessels near the Kerch Strait … Read more

CJEU CONFIRMS THAT CETA DISPUTE RESOLUTION PROVISION IS COMPATIBLE WITH EU LAW

On 30 April 2019, the Court of Justice of the European Union (“CJEU“) confirmed that the mechanism for the settlement of disputes between investors and states set out in the Comprehensive Economic and Trade Agreement between the EU and Canada (“CETA“) was compatible with EU law. This confirms the Attorney General’s opinion discussed here. The … Read more