Public International Law

English Court finds that the foreign act of state doctrine may apply to arbitration proceedings

In the decision of Reliance Industries Limited & Ors v The Union of India [2018] EWHC 822 (Comm) the English Commercial Court (the Court) considered a number of challenges to an arbitration award brought under sections 67, 68 and 69 … Continue reading

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Filed under Act of State Doctrine, Arbitration Proceedings, Award, India, Jurisdiction, Oil & Gas, Public International Law, UK

The new draft Dutch BIT: what does it mean for investor mailbox companies?

The Netherlands has released a new draft investment treaty for public comment (“Draft BIT“).  If adopted, the Draft BIT may raise questions about the Kingdom’s attractiveness for foreign investors who have long taken advantage of Dutch treaty protections by structuring … Continue reading

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Filed under Europe, Investment Arbitration, ISDS, ISDS Reform, MFN, Public International Law, Structuring Investments, Treaty negotiation, interpretation and impact

Upheaval and uncertainty in mineral regulation in parts of Africa: resurgence of resource nationalism highlights the importance of investment treaty protections

The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may be (re-)emerging. In this context it is important for companies associated with … Continue reading

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Filed under Africa, Investment Arbitration, ISDS, Mining, Oil & Gas, Public International Law, State Contracts, Stabilization Clauses and Disputes, Structuring Investments

State-to-State dispute settlement under the EU’s draft Withdrawal Agreement: CJEU jurisdiction not arbitration

We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in the Withdrawal Agreement between the EU and the UK. The EU has never made … Continue reading

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Filed under Brexit, EU, Europe, Public International Law, State to state claims

North American trade and investment developments: No new NAFTA (for now), and Mexico signs the ICSID Convention

One month into 2018, the future of NAFTA continues to hang in the balance. The negotiating parties will reportedly convene in Ottawa for the sixth of seven planned negotiating sessions from January 23 – 29th.[1] The parties initially hoped to … Continue reading

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Filed under Americas, Economic partnership agreement, Investment Arbitration, ISDS, ISDS Reform, News, Public International Law, Treaty negotiation, interpretation and impact, US

A Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Key points The ministers responsible for the Trans-Pacific Partnership (TPP) of 11 countries have announced that the core elements of a Comprehensive and Progressive Agreement for Trans-Pacific Partnership are agreed (CPTPP). While much of the original TPP looks to remain … Continue reading

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Filed under Australia, East Asia, Investment Arbitration, ISDS, Japan, Malaysia, News, Public International Law, Singapore, South East Asia, The Americas, TPP, Trade law, Treaty negotiation, interpretation and impact, US, Vietnam

UK government introduces new sanctions and anti-money laundering bill

On 19 October the UK Government published the text of a proposed new Sanctions and Anti-Money Laundering Bill (the “Bill“), which seeks to create a post-Brexit domestic legislative framework for the imposition and enforcement of sanctions. The introduction of the … Continue reading

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Filed under Brexit, News, Public International Law, Sanctions, UK

ITLOS rules in favour of Ghana in long-standing maritime dispute with Côte d’Ivoire

On 23 September 2017, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered its judgment on the longstanding maritime boundary dispute between Ghana and Côte d’Ivoire. The Special Chamber reconfirmed the relevance of the … Continue reading

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Filed under Africa, Arbitration Proceedings, Boundaries and Delimitation, ITLOS, Public International Law, UNCLOS

Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?

On its face, the thrust of the UK Government’s Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to rule out the jurisdiction of the Court of Justice of the European Union (CJEU) to … Continue reading

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Filed under Brexit, EU, EU Law, Europe, News, Public International Law, UK