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U.S. Supreme Court’s First Opinion of 2019: Kavanaugh Favours Arbitrators’ Power to Decide Arbitrability

USA - January 11 2019 The U.S. Supreme Court’s first opinion of 2019, written by recently appointed Justice Brett Kavanaugh, confirms the long-standing support of the Court...

Daniela Paez, Thierry Tomasi, Paula Hodges QC, Amal Bouchenaki.

The new draft Dutch BIT: what does it mean for investor mailbox companies?

OECD, European Union, Global - May 30 2018 The Netherlands has released a new draft investment treaty for public comment (“Draft BIT“). If adopted, the Draft BIT may raise questions about the...

Natalie Yarrow, Andrew Cannon, Iain Maxwell.

Dawood Rawat v Mauritius: Dual-national claim dismissed based on treaty context interpretation

Global - May 14 2018 On 6 April 2018, a Tribunal constituted under the UNCITRAL Arbitration Rules rendered an Award on Jurisdiction in the case Dawood Rawat v. The...

Daniela Paez, Vanessa Naish.

ICJ determines first ever compensation claim for environmental harm

Nicaragua - April 13 2018 On 2 February 2018, the International Court of Justice (the “ICJ” or the “Court”) delivered judgment in the case concerning Certain Activities Carried...

Matthew Harnett, Andrew Cannon.

State-to-State dispute settlement under the EU’s draft Withdrawal Agreement: CJEU jurisdiction not arbitration

United Kingdom, European Union - March 2 2018 We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained...

Eric White, Andrew Cannon, Iain Maxwell, Hannah Ambrose, Vanessa Naish.