Tag Archives: Andrew Cannon

International Court of Justice allows Iran claim to proceed to the merits phase but upholds jurisdictional objection on sovereign immunity

On 13 February 2019, the International Court of Justice dismissed one of the United States’ jurisdictional objections to a claim by Iran, upheld another and deferred a final jurisdictional objection to the merits phase in the case concerning Certain Iranian … Continue reading

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Filed under Abuse of process, ICJ, Immunity, Iran, Provisional measures, Public International Law, Sovereign Immunity/State Immunity, State Immunity, State to state claims, Treaty negotiation, interpretation and impact

EU submits paper and work plan to UNCITRAL Working Group III advocating systemic reform as the only answer to concerns about investor-state dispute resolution

In advance of the next meeting of UNCITRAL Working Group III (WG III) in April 2019, the European Union and its Member States have made a submission on “Establishing a standing mechanism for the settlement of international investment disputes” (the … Continue reading

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Filed under EU, European Guidance, Investment Arbitration, ISDS Reform

Third party intervention in investment arbitration: Tribunal admits NGO submissions in Gabriel Resources’ claim against Romania concerning mining project

The Tribunal in Gabriel Resources v Romania recently issued an order (the Order) in response to an application (the Application) made by three Romanian NGOs, as non-disputing parties, for participation and an amicus submission (the Submission) in an ICSID arbitration … Continue reading

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Filed under Europe, Investment Arbitration

Advocate General finds that CETA’s “Investment Court System” is compatible with EU law

One of the Advocates General to the Court of Justice of the European Union (“CJEU“), Advocate General Bot, has issued an opinion confirming that the mechanism for the settlement of disputes between investors and states provided for in the Comprehensive … Continue reading

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

Update on the future of ISDS: UNCITRAL Working Group III decides three areas for reform, indicating change is likely in 2019

The United Nations Commission on International Trade Law (“UNCITRAL“) has been considering the possible reform of investor-state dispute settlement (“ISDS“). UNCITRAL Working Group III (“WGIII“) has been given a broad mandate to identify concerns regarding ISDS procedure, consider whether reform … Continue reading

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Filed under International organisations, Investment Arbitration, ISDS, ISDS Reform

CJEU upholds opinion of Advocate General and rules that UK can unilaterally cancel Brexit by revoking Article 50

In a landmark decision delivered on an accelerated timetable, the Court of Justice of the European Union (“CJEU“) has ruled that a Member State can unilaterally revoke its notice of intention to withdraw from the European Union (“EU“) under Article … Continue reading

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Filed under Brexit, EU, EU Law, Treaty negotiation, interpretation and impact, UK

4th EFILA Annual Conference 2019: The EU and the future of international investment law and arbitration – 31 January 2019, London

The European Federation for Investment Law and Arbitration (EFILA) will be holding its fourth Annual Conference, on 31 January 2019, at Herbert Smith Freehills’ offices in London. The conference will focus on four topics: the EU’s external investment policy; the … Continue reading

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Filed under Europe, Investment Arbitration, News

Energy Charter Declaration 2018 – Modernisation of the ECT

The Energy Charter Conference has issued a declaration following the 29th meeting of its Members. This year’s conference, hosted by Romania, focused on the role of innovation in driving energy security, sustainability and prosperity.

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Filed under News, Public International Law, Treaty negotiation, interpretation and impact

ICSID Tribunal declines jurisdiction due to claimants’ failure to obtain environmental impact assessment in breach of local law

In a recent investment arbitration Award, in Cortec Mining v Kenya, an ICSID tribunal has declined jurisdiction over a claim brought by a trio of mining companies on the basis that the mining licences at issue had not been obtained … Continue reading

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Filed under Africa, Environment, Investment Arbitration, Jurisdiction, Mining

English Court of Appeal finds good arguable case that public policy exception applies to the foreign Act of State Doctrine allowing Ukraine to argue duress in claim under Eurobonds

In Ukraine v The Law Debenture Trust Corporation plc [2018] EWCA Civ 2026 the English Court of Appeal (the Court) partially upheld an appeal in favour of the state of Ukraine (Ukraine), reversing in part the summary judgment granted to … Continue reading

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Filed under Act of State Doctrine, non-justiciability, Public International Law, Russia, State Immunity, UK, Ukraine