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.

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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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). On 11 November 2019, the Republic of The Gambia (“The Gambia”) filed an application instituting proceedings against...

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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. As regards substantive protections, the USMCA’s expropriation provision includes...

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