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.

ICJ determines the maritime boundary between Somalia and Kenya

On 12 October 2021, the International Court of Justice (the “ICJ” or “Court”) rendered its final judgment in the case Maritime Delimitation in the Indian Ocean (Somalia v. Kenya), after deciding in 2017 that it had jurisdiction over the dispute. The Court rejected Kenya’s contention that there had already existed a maritime boundary, based on...

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UN Intergovernmental Panel on Climate Change Releases New Assessment Report

On 9 August 2021, the UN Intergovernmental Panel on Climate Change (“IPCC”) released the first instalment of its sixth assessment report, entitled: “AR6 Climate Change 2021: The Physical Science Basis” (“IPCC Report”). The IPCC Report was approved by the 195 Member States to the IPCC and, among other things, may have implications for international climate...

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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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