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.
International courts and arbitration institutions adopt measures in response to the COVID-19 pandemic
International courts and arbitration institutions have taken measures to adapt their activities in response to the COVID-19 pandemic, including postponing physical hearings, enhancing online hearing capabilities, prioritising urgent cases, and extending time limits for proceedings. On 20 March 2020, the International Court Justice (ICJ) adopted measures to ensure the continuity of its mandate, while aiming...
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ICSID releases fourth version of proposed amendments to Arbitration Rules
On 28 February 2020, the International Centre for Settlement of Investment Disputes (ICSID) released its fourth working paper outlining proposed amendments to the ICSID Arbitration Rules. This working paper contains fewer amendments than earlier versions, given the “growing consensus on the new rules”. The latest amendments ─ which are aimed at improving the transparency and...
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UK Supreme Court lifts stay of enforcement of Micula ICSID award
On 19 February 2020, the UK Supreme Court (“Court”) unanimously ruled that the successful Swedish claimants in Micula v. Romania could enforce their ICSID arbitral award (“Award”) in the UK, lifting a stay on enforcement that had been granted by the High Court in 2017 and upheld by the Court of Appeal in 2018. Romania...
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ICJ Indicates Provisional Measures in The Gambia v. Myanmar
On 23 January 2020, the International Court of Justice (the “Court”) unanimously decided to indicate provisional measures in the case Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar). [read more] On 11 November 2019, the Republic of The Gambia (“The Gambia”) filed an...
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United States, Mexico and Canada conclude new trade agreement
In December 2019, the United States, Mexico and Canada finalised the text of a new agreement (USMCA) to replace the North American Free Trade Agreement (NAFTA). The USMCA’s investment protections are found in Chapter 14 and differ substantially from those under Chapter 11 of the NAFTA. [read more] As regards substantive protections, the USMCA’s expropriation...
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European Court of Human Rights Grand Chamber rules in Ilias and Ahmed v. Hungary
On 21 November 2019, the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) rendered judgment in favour of the applicants in Ilias and Ahmed v. Hungary. The case concerned two asylum-seekers from Bangladesh who spent 23 days in a Hungarian border transit zone before being removed to Serbia after their asylum applications...
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EU Member States agree treaty on termination of intra-EU BITs
On 24 October 2019, the European Commission (Commission) announced that EU Member States had approved the text of a plurilateral treaty entitled “Agreement for the Termination of Bilateral Investment Treaties between the Member States of the European Union” (Treaty). In its statement, the Commission noted that “a small minority” of Member States had decided not...
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Proposals released for modernising the Energy Charter Treaty
On 6 October 2019, the Energy Charter Secretariat released Member State proposals for modernising the Energy Charter Treaty (ECT). Individual submissions were offered by Albania, Azerbaijan, Georgia, Japan, Luxembourg, Switzerland and Turkey, in addition to the European Union (EU). The proposals cover several aspects of investment protection, including the definition of “investment” and “investor”; the...
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The International Court of Justice amends its Rules
On 21 October 2019, the International Court of Justice (ICJ) amended Articles 22, 23, 29, 76 and 79 of its Rules of Court (Rules). The amendments concern provisional measures (Article 76), preliminary objections (Article 79) and the procedure for appointing and removing the Court’s Registrar and Deputy-Registrar (Articles 22, 23 and 29). [read more]...
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ICSID tribunal orders both parties to pay damages in Perenco v. Ecuador
On 27 September 2019, an ICSID tribunal rendered its award on quantum in an arbitration between Perenco Ecuador Limited (“Perenco”) and the Republic of Ecuador (“Ecuador”) under the France-Ecuador bilateral investment treaty (BIT). The tribunal awarded Perenco damages of approximately US$449 million in respect of Ecuador’s interference with its interests in two Amazonian oil blocks...
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