ICSID Tribunal discusses hierarchy between EU law and ECT in Electrabel case

21 December, 2012
Hungary has recently seen claims brought against it by a Belgian investor for breaches of the Energy Charter Treaty (ECT) dismissed in the case of Electrabel S.A. v the Republic of Hungary (ICSID Case No. Arb/07/19). The tribunal clarified the relationship between EU law and the ECT with respect to States having ratified the ECT prior … Read more

Colombia withdraws from ICJ over Nicaragua v Colombia ruling

12 December, 2012
On 19 November 2012, the principal judicial organ of the United Nations, the International Court of Justice (the “ICJ“), ruled that Colombia has sovereignty over seven disputed islands in the western Caribbean but granted Nicaragua control of a large amount of the surrounding waters and seabed. It was hoped that the decision of the court … Read more

The Law of State Responsibility: University’s conduct not attributable to Ukraine

09 November, 2012
In an Award on jurisdiction and liability published on 25 October 2012, an ICSID Tribunal dismissed the claims brought by US investors Bosh International, Inc and B&P Ltd Foreign Investments Enterprise (“Bosh International“) for breach of the US-Ukraine BIT (the “BIT“). The claims against Ukraine were based on the Taras Shevchenko National University of Kiev … Read more

UN Annual Forum on Business and Human Rights

08 November, 2012
The first annual UN Forum on Business and Human Rights will be held in Geneva on 4-5 December 2012.  The UN Forum will bring together governments, national human rights institutions, business associations, companies, NGOs and UN bodies to discuss the implementation of the UN Guiding Principles on Business and Human Rights. A provisional agenda for … Read more

Government gives green light to Deferred Prosecution Agreements

31 October, 2012
In our earlier briefing we reported on the Government’s consultation to introduce Deferred Prosecution Agreements (“DPAs”) – a new mechanism for addressing criminal conduct by commercial organisations. On 23 October, the Ministry of Justice published its Response to that Consultation and confirmed that it intends to introduce DPAs by way of an amendment to the … Read more

NML Capital and Argentina: Ghanaian court rejects Argentina’s sovereign immunity challenge and NML Capital targets second vessel in South Africa

30 October, 2012
On 25 October, News agencies reported that a second Argentine navy vessel has been targeted by NML Capital, this time in South Africa. This followed the news on 11 October 2012, that the Ghanaian Commercial Court in Accra rejected a motion filed by the Argentinian government for the release of the ARA Libertad, an Argentine … Read more