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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
As reported in our earlier blog post, on 29 and 30 November 2012, the International Tribunal for the Law of the Sea (the ITLOS) heard an application by Argentina for provisional measures against Ghana under Article 290(5) of the UN Convention on the Law of the Sea (UNCLOS) regarding the detention of its naval ship, … Read more
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
On 29 and 30 November 2012, the International Tribunal for the Law of the Sea (ITLOS) heard an application by Argentina for provisional measures against Ghana under Article 290(5) of the UN Convention on the Law of the Sea (UNCLOS). The application is regarding Ghana’s continued detention of the Argentine warship, the ARA Libertad. The … Read more
Daniel Hudson, Nichola Peters and Jeremy Sher comment on HM Treasury’s (“HMT“) decision to reissue its direction to UK financial institutions to cease business with Iranian banks. Read more
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
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
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
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