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.
ICSID and UNCITRAL update the Draft Code of Conduct for Adjudicators
On 19 April 2021, the United Nations Commission on International Trade Law (“UNCITRAL”) and the International Centre for Settlement of Investment Disputes (“ICSID”) released an updated version of the draft Code of Conduct for Adjudicators (the “Draft Code”), following feedback and recommendations from State representatives and other stakeholders. This marks the latest effort to provide...
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International courts and arbitral institutions continue to revise hearing and other procedures in response to the COVID-19 pandemic
International courts and arbitral institutions continue to adopt measures in response to the COVID-19 pandemic. Most notably, the newly revised International Bar Association Rules on the Taking of Evidence in International Arbitration (“IBA Rules” or “Rules”) contain important provisions on remote hearings. In further changes, the Court of Justice of the European Union (“CJEU”) has...
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ITLOS rejects all preliminary objections in Mauritius v. Maldives
On 28 January 2021, a Special Chamber of the International Tribunal for the Law of the Sea (“ITLOS”) ruled on preliminary objections in the Dispute Concerning Delimitation of the Marine Boundary Between Mauritius and the Maldives in the Indian Ocean (Mauritius v. Maldives). The ITLOS rejected all five of the Maldives’ preliminary objections and found...
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ICJ dismisses US preliminary objections in Iran v. United States
On 3 February 2021, the International Court of Justice (“ICJ” or “Court”) found it had jurisdiction in respect of all claims brought by Iran against the United States (“US”) in the case concerning Alleged violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America)....
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European Commission launches infringement proceedings against the UK and Finland
The European Commission has launched infringement proceedings against the UK and Finland as a result of their decision not to sign the multilateral treaty terminating intra-EU BITs (Treaty). On 5 May 2020, 23 of the 28 EU Member States signed the Treaty. On 14 May 2020, the Commission announced that it had sent to the...
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Most (but not all) EU Member States sign treaty for the termination of intra-EU BITs
On 5 May 2020, twenty-three Member States of the European Union (EU) signed a plurilateral treaty entitled “Agreement for the Termination of Bilateral Investment Treaties between the Member States of the European Union” (Treaty). When the Treaty enters into force, hundreds of existing intra-EU Bilateral Investment Treaties (BITs) will cease to have effect. Notably, Austria,...
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Courts and arbitration institutions continue to adapt in response to the COVID-19 pandemic
Courts and arbitration institutions continue to adapt their activities in response to the current global health crisis. Recent measures include postponing physical hearings, publishing guidelines on pending arbitrations and electronic filing, the unveiling of a platform for virtual hearings and a protocol on video conferencing for arbitration, as well as virtual court meetings and trials....
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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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