Tag: jurisdiction

Showing 24 out of 25 results

13 June 2014

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 …

06 June 2014

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In an unpublished ICSID decision last month (the Decision), reported in Global Arbitration Review and Investment Arbitration Reporter, the Arab Republic …

17 March 2014

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 …

14 March 2014

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 …

14 February 2014

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 …

03 February 2014

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 …

14 November 2013

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 …

02 October 2013

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 …

20 September 2013

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 …

03 July 2013

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 …

17 May 2013

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 …

26 February 2013

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 & …