UPDATES ON POTENTIAL EU-CHINA COMPREHENSIVE AGREEMENT ON INVESTMENT (WITH A FOCUS ON INVESTMENT PROTECTION AND ISDS) – NEW WINE IN NEW BOTTLES?

29 January, 2021
On 30 December 2020, the European Union and China announced their Agreement in Principle for the EU-China Comprehensive Agreement on Investment (CAI). This is a landmark development for both parties in these long-running negotiations which began in 2012. On 22 January 2021, in the interest of transparency, Brussels published certain draft sections (here) of the … Read more

LANDMARK RULING ON THE WTO NATIONAL SECURITY EXCEPTION

26 June, 2019
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

26 June, 2019
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

International Court of Justice allows Iran claim to proceed to the merits phase but upholds jurisdictional objection on sovereign immunity

27 February, 2019
On 13 February 2019, the International Court of Justice dismissed one of the United States’ jurisdictional objections to a claim by Iran, upheld another and deferred a final jurisdictional objection to the merits phase in the case concerning Certain Iranian Assets (Iran v United States). The substantive claim, brought by Iran against the United States, … Read more

State to state dispute resolution in the UK Government’s White Paper: arbitration with a potential role for the CJEU

13 July, 2018
The White Paper published yesterday, “The Future Relationship between the United Kingdom and the European Union”, includes the UK Government’s proposal for the resolution of disputes between the UK and the EU under what the UK Government views as an “Association Agreement”. This Association Agreement would form the institutional framework for the relationship, with a … Read more

ICJ determines first ever compensation claim for environmental harm

13 April, 2018
On 2 February 2018, the International Court of Justice (the “ICJ” or the “Court”) delivered judgment in the case concerning Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v Nicaragua), determining the amount of compensation due to Costa Rica for environmental harm caused by Nicaragua’s activities in the northern part of … Read more