Work Area: State-to-state

The Escazú Agreement: internationalising environmental matters and sustainable rights

Meriam Nazih Al-Rashid, Kate Lomas and Angela Antoniou of Eversheds Sutherland report on a recently concluded Latin American regional treaty addressing environmental protections and the rights of environmental defenders, and providing for state-to-state arbitration over compliance with its terms.

15 February 2022

Alberta puts US on notice over Keystone XL

The Canadian province of Alberta has turned to outside counsel as it takes formal steps to begin a legacy NAFTA claim against the United States over the cancelled Keystone XL oil pipeline.

11 February 2022

Armenia defeats ICSID claim over real estate venture

An ICSID tribunal has thrown out a claim against Armenia over a real estate venture after finding that one of the claimants had dual Armenian-US nationality and that his company had not made a valid investment.

16 December 2021

Canada invokes treaty with US in pipeline dispute

Canada may pursue arbitration against the United States under a 1977 treaty in response to Michigan’s efforts to shut down a controversial pipeline because of environmental concerns.

13 October 2021

Indian prosecution of marines halted after PCA award

India’s Supreme Court has quashed criminal proceedings against two Italian marines accused of killing two fishermen after Italy paid compensation in line with the award of an arbitral tribunal at the Permanent Court of Arbitration in The Hague.

15 June 2021

Past and present ICJ judges welcome curb on moonlighting

Former International Court of Justice judge Bruno Simma has welcomed a move by the court to prevent judges moonlighting as arbitrators in investor-state cases, saying “there was a danger to the reputation of the court which was countered at the right time, the right moment”; while new judge Georg Nolte said the work of the court is “so intense” that taking on more is not a good idea.

09 April 2021

EU begins legal action against UK over Brexit law

The European Commission has launched infringement proceedings against the UK over its plan to delay the implementation of Brexit legislation on trade in Northern Ireland, beginning a process that could see the dispute referred to arbitration.

15 March 2021

UAE defeats ICJ claim over Qatar embargo

The International Court of Justice has thrown out Qatar’s claim against the United Arab Emirates over alleged human rights violations arising from the “discriminatory” embargo in the Gulf.

11 February 2021

Mauritius boundary claim against Maldives to proceed

A UN court in Hamburg has ruled that it can hear a claim by Mauritius against the Maldives regarding their maritime boundary in the Indian Ocean – finding that Mauritius’ sovereignty over the Chagos Archipelago could be “inferred” despite the UK’s refusal to hand back the territory.

29 January 2021

Where does Brexit leave investment protection?

In the wake of the UK-EU trade deal, practitioners say questions remain over the investment protections in the agreement and the fate of the UK’s bilateral investments treaties with EU member states.

14 January 2021

Unlock unlimited access to all Global Arbitration Review content