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On 22 June 2010, the English Court of Appeal made a ruling with potentially wide-ranging repercussions in the context of parties’ freedom to choose their arbitral tribunal. In Jivraj and Hashwani, it was held that the Equality (Religion and Belief) Regulations 2003 rendered an arbitration agreement in a commercial contract void. This was the first … Read more

In Jivraj and Hashwani, a decision published yesterday, 22 June 2010, the English Court of Appeal has unanimously held that the Equality (Religion and Belief) Regulations 2003 (the “Regulations“) rendered an arbitration agreement in a commercial contract void. This decision will restrict parties’ ability to select characteristics of arbitrators in commercial agreements. This is the … Read more

On 9 June 2010, the UN Security Council voted in favour of fresh sanctions against Iran over its nuclear programme which will have practical implications for many corporate entities. In the light of these new sanctions, companies must exercise extreme vigilance if and when conducting business with Iranian entities. The regime also has wider repercussions … Read more

The Democratic Republic of Congo (DRC) was last month granted leave to appeal the Hong Kong Court of Appeal decision on state immunity law, FG Hemisphere Associates LLC v Democratic Republic of the Congo and others (CACV 373/2008 & CACV 43/2009). Earlier this year, a majority of the Court of Appeal refused the DRC’s appeal … Read more

TA v Jordan concerned a claim relating to interference with an arbitration award by the Jordanian courts. A tribunal constituted under the ICSID Rules, decided that the majority of Turkish construction company, ATA’s claims against Jordan related to disputes arising before the Turkey/Jordan Bilateral Investment Treaty (BIT) entered into force and were therefore inadmissible. In … Read more

The International Court of Justice (the “ICJ“), the principal juridical organ of the United Nations, handed down an important judgment that clarifies the relevant standards for a breach of environmental obligations. The judgment will be of interest to states and corporate bodies alike when reviewing compliance. The ICJ held that Uruguay breached its procedural obligations … Read more

On 22 April 2010, the Special Representative of the Secretary General on Business and Human Rights, Professor John Ruggie, released his latest progress report: “Business and Human Rights: Further steps toward the operationalization of the “protect, respect and remedy” framework.” Read more