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In its decision of 4 August 2011, a majority tribunal took a monumental decision to accept a “mass claim” under the ICSID rules in relation to Argentina’s debt default in 2002. Such was the controversy of the decision in Abaclat and Others v Argentina that it has led to a challenge to two of the … Read more
Following the recent developments in Libya, the UN, EU and UK have adopted further measures relating to the asset freeze imposed in March 2011 (details of which are contained in our previous e-bulletin). On 16 September 2011, the UN Security Council adopted Resolution 2009 (2011) (the “UN Resolution”) which, among other things, partially lifted the … Read more
Following the recent unrest in Syria, the EU has this week imposed new sanctions on the Syrian regime, including an arms embargo, the freezing of funds and economic resources, and a travel ban on certain persons said to be responsible for the repression of the civilian population of Syria. The UK has enacted legislation criminalising … Read more
On 21 March a new sanctions regime was imposed as regards certain Egyptian nationals and there were further amendments to the Libyan sanctions. Read more
On 27 February 2011 the Libya (Financial Sanctions) Order 2011 came into force in the UK, and was subsequently supplemented by the Libya (Asset-Freezing) Regulations 2011. Our previous bulletin describes the effect of this legislation in detail. Read more
Following the further unrest in Syria, the EU on 23 August added further names to the list of individuals and entities subject to the asset freezing provisions of the Syrian sanctions regime. Further developments are expected in the near future, which may include an oil embargo. This briefing provides an update on the new individuals … Read more
In its provisional judgment in Democratic Republic of the Congo v. FG Hemisphere Associates the Hong Kong Court of Final Appeal (CFA) found that absolute sovereign immunity applies in Hong Kong, with no exception for purely commercial transactions or assets (as would be the case in a jurisdiction that favours the restrictive doctrine of sovereign … Read more
On 16 June 2011, the UN Human Rights Council (the “Council“) endorsed the “Guiding Principles on Business and Human Rights” (the “Guiding Principles“). Whilst the Guiding Principles do not themselves create new international law obligations in the field of human rights, they do bring together and elaborate on the implications of existing human rights standards … Read more