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London International Disputes Week 2021 (LIDW21) comes at a significant period for the UK legal sector, in the wake of the Covid-19 pandemic, post-Brexit and amid an uncertain global political environment. With its theme: “Looking forward: change, challenge and opportunity”, LIDW21 will provide crucial insights on the business and law of international dispute resolution. The programme draws … Read more
Since Indonesia announced its intention to terminate and replace “all of its 67 bilateral investment treaties” (BITs) in 2014, the State has actively re-negotiated several BITs. Starting with some of its largest trading partners in the region, Indonesia signed new BITs with Singapore in 2018 and Australia in 2019. On 9 March 2021, the Agreement … Read more
The Treaty on the Prohibition of Nuclear Weapons (the “Treaty“) entered into force on 22 January 2021. The Treaty is the first treaty to ban nuclear weapons, and has received support to date from 88 States. Background The Treaty was adopted by the United Nations General Assembly on 7 July 2017 and has been open … Read more
In the case of Argentum Exploration Limited v. The Silver [2020] EWHC 3434 (Admlty) the English High Court held on 16 December 2020 that the Republic of South Africa (the “RSA“) was not immune from the Court’s adjudicative jurisdiction, despite RSA’s argument that it had state immunity. As such, the RSA was required to pay … Read more
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
The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group II (Arbitration and Conciliation/Dispute Settlement) (“WGII“) has published the advance copy of its report (the “Report“) on the discussions held between 21 and 25 September 2020 during its 72nd session. The Report provides details about the discussions around various issues, including: (i) the form … Read more
India has in the past several years become involved in a considerable number of investment treaty claims by foreign investors. While public data is not always available or accurate, the United Nations Conference on Trade and Development (“UNCTAD”) website, lists more than a dozen pending cases where India is respondent. This number seems to have … Read more
On 9 June 2020 the Republic of Djibouti became the 155th state to ratify the ICSID Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“the ICSID Convention”) following the depositing of its instrument of ratification with the World Bank. The ratification follows Djibouti’s signing of the Convention in April … Read more
On 28 February 2020, the International Centre for Settlement of Investment Disputes (“ICSID“) Secretariat (the “Secretariat”) released its Fourth Working Paper on Proposals for Amendment of the ICSID Rules (“WP4”), the latest iteration of proposals for amended rules for investor-state dispute settlement (“ISDS“). The proposals build upon the proposed amended ICSID rules in Working Paper … Read more
