Public International Law Notes
Tag: jurisdiction
Showing 24 out of 25 results
No consent to ICSID jurisdiction found under Venezuelan Investment Law: distinction drawn between the intention of the drafters and the intentions of the State
In OPIC Karimun Corporation v Venezuela, an ICSID tribunal has held that Venezuela's Investment Law's reference to ICSID did not, without more, provide …
Egypt prevails on "fork-in-the-road" provision
In an unpublished ICSID decision last month (the Decision), reported in Global Arbitration Review and Investment Arbitration Reporter, the Arab Republic …
ICJ orders provisional measures in proceedings between East Timor and Australia
The International Court of Justice (ICJ) has handed down its decision in respect of provisional measures sought by East Timor in a pending case before …
The US Supreme Court decides BG v Argentina - right place, wrong road?
In a 7-2 majority decision on 5 March 2014, the United States Supreme Court has reinstated BG Group (BG)'s US$185 million arbitral award against …
ECHR reaffirms State immunity from civil proceedings for acts of torture in Jones v United Kingdom
In the recent case of Jones and others v United Kingdom, the European Court of Human Rights (the Court) found that the United Kingdom had not breached …
ICJ hears submissions from East Timor and Australia on provisional measures in pending case relating to seizure of documents from office of Australian lawyer
The International Court of Justice (ICJ) has heard submissions from Australia and East Timor on provisional measures sought by East Timor in proceedings …
Dawn of a new era for investment protection in South Africa - draft investment law to replace protections offered under investment treaties published for public comment
On 1 November 2013, the South African Department of Trade and Industry (DTI) has released its new "Promotion and Protection of Investment" bill (PPI …
Herbert Smith Freehills contributes to Transnational Dispute Management's (TDM) 10th Aniversary Issue
September saw the release of TDM Journal's special aniversary issue: Ten Years of TDM. The TDM Journal is a comprehensive and innovative …
Don't count your chickens: tribunal refuses jurisdiction in final stages of UNCITRAL arbitration
In Ruby Roz Agricol and Kaseem Omar v Kazakhstan, UNCITRAL (Award on Jurisdiction) (1 August 2013), Ruby Roz Agricol LLP (Ruby Roz), a Kazakh company in …
Contractual disputes and practical implications arising from sanctions in the aftermath of the Arab Spring
In the aftermath of the Arab Spring and amidst continuing unrest in the region, the Middle East remains at the forefront of the international sanctions …
Cert petition in the BG v Argentina case: No support from the US Solicitor General
In the latest development in Argentina’s challenge of the BG Group v Argentina arbitral award, the United States Solicitor General ("SG") has argued that …
Herbert Smith Freehills acts for JUSTICE in intervention in Supreme Court case
Herbert Smith Freehills acted for JUSTICE, a UK based law reform and human rights organisation, in relation to its intervention in Susan Smith & …
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