Tag: jurisdiction
Showing 12 out of 25 results
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 …
HSF SPONSORS THE LONDON CONFERENCE ON INTERNATIONAL LAW
The London Conference on International Law was held over two days on 10 and 11 October in London. It brought together international law practitioners, …
HSF PROUD GOLD SPONSORS AT THE LONDON CONFERENCE ON INTERNATIONAL LAW: 10-11 OCTOBER 2022
The London Conference on International Law will be taking place at the QEII Centre, London, on Monday 10 October and Tuesday 11 October 2022. This …
SPANISH COURT DECISION FOLLOWING END OF SUSPENSION OF THE US HELMS-BURTON ACT: JURISDICTION DECLINED IN CLAIM CONCERNING ASSETS NATIONALIZED BY CUBA
The decision recently delivered in the case Central Santa Lucia L.C. v. Meliá Hotels International S.A., brought before the First Instance Court of Palma …
INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA PRESCRIBES PROVISIONAL MEASURES REQUIRING RUSSIA TO RELEASE THREE UKRAINIAN NAVAL VESSELS
Dawood Rawat v Mauritius: Dual-national claim dismissed based on treaty context interpretation
On 6 April 2018, a Tribunal constituted under the UNCITRAL Arbitration Rules rendered an Award on Jurisdiction in the case Dawood Rawat v. The …
The German Federal Supreme Court dismisses claim by bondholders against Greece, denying jurisdiction on grounds of state immunity
The German Federal Supreme Court (Bundesgerichtshof) recently held that creditors cannot bring claims against the Hellenic Republic before the German …
ICSID tribunal declines jurisdiction on basis of lack of evidence of necessary "control" under BIT and requires claimant to pay 80% of costs of the state
In the ICSID decision of Guardian Fiduciary Trust Ltd f/k/a Capital Conservator Savings & Loan Ltd v Former Yugoslav Republic of Macedonia (ICSID …
A sardine cannot swallow a whale: ICSID tribunal declines jurisdiction under the Egypt-UAE BIT
In an Award on Jurisdiction rendered earlier this year in National Gas S.A.E. v. Arab Republic of Egypt (ICSID Case No. ARB/11/7), an ICSID tribunal …
The Alien Tort Statute – when will a claim "touch and concern" the territory of the United States?
In Kiobel v Royal Dutch Petroleum Co, the US Supreme Court held that the presumption against extraterritorial application of US laws applies to claims …
Recent Developments in India-related international arbitration
Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. This issue considers some significant decisions …
No jurisdiction over BIT claims if investor fails to state a prima facie case
In Achmea BV v The Slovak Republic (PCA Case No. 2013-12), the tribunal considered the respondent’s objection that it lacked jurisdiction on the ground …
Showing 12 out of 25 results
View more