You can follow our ‘PIL Latest’ alerts via the firm’s LinkedIn page. Should you wish to discuss any of these developments, please contact Stephen Fietta on +44(0)203 889 9801 or Jiries Saadeh on +44(0)203 889 9792 in the first instance.

EU and MERCOSUR conclude negotiations on trade agreement

On 28 June 2019, the European Union (EU) and MERCOSUR Member States (Argentina, Brazil, Paraguay and Uruguay) concluded negotiations on a bi-regional trade agreement (Agreement).  The Agreement impacts a combined population of more than 780 million people and is the EU’s largest trade agreement to date. This far-reaching Agreement provides for progressive tariff cuts on...

Read more »

Micula Case: EU General Court annuls Commission’s decision on compliance with ICSID award

In a judgment delivered on 18 June 2019, the EU General Court (GCEU) revoked a 2015 European Commission (Commission) decision prohibiting the Romanian government from compensating Swedish investors, the Micula brothers, pursuant to a 2013 ICSID award. Back in 2015, the Commission had concluded that the ICSID award was incompatible with Article 107 of the...

Read more »

ICSID unveils revised version of its draft Arbitration Rules

The International Centre for Settlement of Investment Disputes (ICSID) has proposed several amendments to its initial “proposals for amendment of the ICSID Rules”.  Most notably, ICSID has revised its recommendations with respect to rules concerning provisional measures, disqualification of arbitrators and transparency. The existing Arbitration Rules do not prescribe a test for recommending provisional measures....

Read more »

ICJ renders advisory opinion on decolonisation of the Chagos Archipelago

In an advisory opinion given on 25 February 2019, the International Court of Justice (ICJ), by a majority of thirteen votes to one, held that the process of decolonisation of Mauritius was not lawfully completed and that the United Kingdom consequently has an obligation to bring an end to its administration of the Chagos Archipelago...

Read more »

Timor-Leste succeeds in initiating UNCLOS compulsory conciliation proceedings against Australia

ICJ finds jurisdiction to hear Iran case against US

In a judgment delivered on 13 February 2019, the ICJ held that it has jurisdiction to entertain part of Iran’s Application against the United States for purported violations of the 1955 Treaty of Amity, Economic Relations and Consular Rights (the Treaty), and that the Application is admissible. The enforceability of the Treaty and its dispute...

Read more »

CJEU confirms that UK able unilaterally to revoke notification of its intention to withdraw from the EU

In response to a request for a preliminary ruling in Wightman v. Secretary of State for Exiting the European Union, the Court of Justice of the EU (CJEU) held on 10 December 2018 that the UK can unilaterally revoke its notice of withdrawal under Article 50 of the Treaty on European Union (TEU). Any decision...

Read more »

CJEU Advocate General advises that Article 50 notification of an intention to withdraw from the EU may unilaterally be revoked

In Wightman v. Secretary of State for Exiting the European Union, Scotland’s Court of Session sought a preliminary ruling from the Court of Justice of the European Union (CJEU) on whether the UK’s notification of its intention to withdraw from the EU pursuant to Article 50 of the Treaty on European Union (TEU) can unilaterally...

Read more »

ICJ judges to cease acting as arbitrators

On 25 October 2018, the President of the International Court of Justice, H.E. Mr Abdulqawi Yusuf, addressed the United Nations General Assembly.  Judge Yusuf spoke about the progress of the Court’s judicial activities over the previous year and also announced that ICJ judges would no longer be permitted to sit as arbitrators (other than in...

Read more »

ICJ finds that Chile does not have to negotiate an agreement granting Bolivia access to the Pacific Ocean

On 1 October 2018, the International Court of Justice rendered its judgment on the merits in the case concerning Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile).  The case arose out of a dispute as to whether Chile has an obligation to negotiate with Bolivia to reach an agreement granting Bolivia access...

Read more »

ICSID proposes “comprehensive changes” to modernise its rules for resolving disputes between foreign investors and States

ICSID has proposed wide-ranging amendments to its rules and regulations for arbitration, conciliation and fact-finding and has introduced a new set of rules for mediation.  ICSID describes its proposals as “the most far reaching in over 50 years”.  The proposal includes new rules on expedited arbitrations, transparency and deadlines for rendering awards.  It also includes...

Read more »