Our client, the Barotseland National Freedom Alliance, has challenged the Republic of Zambia to PCA arbitration in The Hague to settle the long-running dispute concerning the legal status of Barotseland, a former British protectorate, in a peaceful manner. Under the terms of a bilateral treaty signed in 1964 under the auspices of the United Kingdom, […]
12 Years Of The ILC Draft Articles on State Responsibility
It took the International Law Commission approximately four decades to complete its work on State responsibility, which was completed in 2001. This work represented a highly significant step in the codification and development of international law, with similar importance as the Vienna Convention on the Law of Treaties. These Articles cover the issues of breach […]
Chevron Wins Arbitration Victory Against Ecuador
Below, please find a solid non-legal summary of the latest state of the long-running Chevron v. Ecuador arbitral proceedings, one of the messiest and most interesting investment treaty arbitrations to have occurred over the past decade. – William Kirtley In an apparent coup for the oil giant’s efforts to undermine a $19 billion environmental judgment […]
Why Investors Should Attempt To Negotiate Waivers Of Sovereign Immunity With Respect To Specific Assets Or Classes Of Assets
Although NML Ltd won an investment arbitration against Argentina many years ago, it has yet to succeed in enforcing its award against the country. The latest judicial decisions in NML Ltd’s attempts to enforce the award were rendered recently by the French Cour de Cassation, which elaborated on the French conception of sovereign immunity from […]
Can Russian Investors Initiate Arbitration Against Cyprus to Recover their Losses?
Many Russian depositors are facing losses of up to 40 percent in Cyprus, and are currently considering their legal options. Should one of these options be initiating an investment treaty arbitration against Cyprus for expropriation on the basis of the 1997 Russian Federation-Cyprus bilateral investment treaty, which is included here: IAA-Bilateral-Investment-Treaty-Between-Russia-and-Cyprus. Such a claim could most […]