Public International Law Notes

9th annual EFILA Conference on 25 April 2024 in Frankfurt: New frontiers in international investment arbitration

We are pleased to share with you the details of the upcoming Conference of the European Federation for Investment Law and Arbitration (EFILA), taking …

Novel decision by English Court on state immunity and the enforcement of ICSID awards

The European Commission's Non-Paper on Model Clauses for Member States' BITs with Third Countries

In October last year, the European Commission released a Non-Paper on Model Clauses with Annotations for EU Member States' negotiation of bilateral …

Guyana-Venezuela boundary dispute: Maduro Administration announces resource exploitation measures

The longstanding boundary dispute between Guyana and Venezuela saw significant escalation at the end of 2023. The dispute concerns Guyanese-controlled …

ISDS policy trend round up for 2023

What are the trends in investor state dispute resolution at a macro level that have developed over 2023? We have put together a round-up below. …

STATE IMMUNITY PREVAILS: UK COURT OF APPEAL DENIES ANTI-SUIT INJUNCTION AGAINST VENEZUELA

In a significant ruling in the case of UK P&I Club & Anor v Republica Bolivariana de Venezuela [2023] EWCA Civ 1497, the UK Court of Appeal has …

CROSS POST: FEDERAL COURT OF AUSTRALIA AFFIRMS JURISDICTION TO ENFORCE ARBITRAL AWARDS AGAINST FOREIGN STATES PARTY TO THE NEW YORK CONVENTION

In a recent post on our Arbitration Notes blog, Andrew Cannon, Antony Crockett, Chad Catterwell, James Allsop, Imogen Kenny and Joy Rao consider the …

MAINLAND CHINA, HONG KONG AND MACAU TO APPLY COMMERCIAL EXCEPTION TO STATE IMMUNITY

The PRC has passed a new Foreign State Immunity Law which will apply the "restrictive" approach to foreign state immunity with effect from 1 January …

RECENT ICSID DEVELOPMENTS: CASELOAD STATISTICS AND THE FIRST YEAR OF PRACTICE UNDER THE ICSID 2022 RULES

ICSID has recently released its biannual caseload statistics for FY2023 and a separate publication reviewing the first year of practice under the newly …

The European Commission proposes withdrawal from the Energy Charter Treaty

On 7 July 2023, the European Commission formally proposed a coordinated European Union withdrawal from the Energy Charter Treaty (ECT), one of the …

GERMAN FEDERAL COURT OF JUSTICE RULES ON APPLICATIONS TO DECLARE TWO PENDING INTRA-EU ICSID ARBITRATIONS INADMISSIBLE

 INTRODUCTION On 27 July 2023, the German Federal Court of Justice ("BGH") ruled on applications by Germany and the Netherlands to declare two …

ICSID releases complete 2022 caseload statistics

ICSID published on 30 January 2023 its case statistics up to 31 December 2022 (see here). This post examines the latest trends as compared to ICSID's …