ICSID AND UNCITRAL RELEASE DRAFT CODE OF CONDUCT FOR ISDS ADJUDICATORS

    On 1 May 2020, the International Centre for Settlement of Investment Disputes (“ICSID“) and the United Nations Commission on International Trade Law (“UNCITRAL“) released the long-awaited Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement (the “Code”). The Code was prepared jointly by the Secretariats of ICSID and UNCITRAL, and seeks to address a … Read more

    ENGLISH HIGH COURT INJUNCTS PARTY FROM PROVIDING FUNDING FOR ICSID ARBITRATION

    In the recent case of Koza Limited, Mr Ipek v Koza Altin Isletmeleri AS [2020] EWHC 654 (Ch) (subscription required) the English High Court granted an injunction against a UK-based company, Koza Limited, restraining it from providing funding for an ICSID arbitration brought by another UK corporation, Ipek Investment Limited (IIL), against Turkey. Background Facts … Read more

    UK SUPREME COURT LIFTS STAY OF ENFORCEMENT OF ICSID AWARD AGAINST ROMANIA

    In Micula and others (Respondents/Cross-Appellants) v Romania (Appellant/Cross-Respondent) [2020] UKSC 5 the UK Supreme Court (the “SC”) found that the duty of sincere cooperation under EU law does not preclude enforcement of an ICSID Convention (the “Convention”) award against Romania (the “Award”). In what is the enforcement stage of the long-running and well-known saga of … Read more

    ICSID RELEASES FOURTH WORKING PAPER ON ICSID RULES REVISION: INCREASING CONSENSUS, BUT NOTABLE DEVELOPMENTS

    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

    NEVSUN RESOURCES LTD. V. ARAYA – SUPREME COURT OF CANADA ALLOWS ERITREAN MINERS’ CLAIM FOR VIOLATIONS OF CUSTOMARY INTERNATIONAL LAW TO PROCEED

    On 28 February 2020 the Supreme Court of Canada in Nevsun Resources Ltd. v. Araya (2020 SCC 5) issued a 5-4 ruling allowing a claim by Eritrean miners against Nevsun Resources Ltd. (“Nevsun”), a Canadian mining company, to proceed. The miners had initiated proceedings in British Columbia against Nevsun alleging, among other things, breaches of … Read more