The decision clarifies the role of the English courts and the UK executive branch in the recognition of foreign heads of state and the ability of English courts to adjudicate the lawfulness of executive and legislative acts of foreign states. By Charles Claypoole, Isuru Devendra and Michelle Taylor The UK Supreme Court (UKSC) recently issued … Continue Reading
The decision confirms that the UK government can recognise one person as de jure head of state of a foreign state and implicitly recognise another person as the de facto head of state. By Charles Claypoole and Isuru Devendra The English Court of Appeal’s recent decision in The “Maduro Board” of the Central Bank of … Continue Reading
By Catriona E. Paterson On 20 January 2017, the English Commercial Court handed down an important judgment addressing the intersection of a State’s public international law obligations in investment treaty arbitration and its obligations under European Union law. In Micula & Ors v. Romania,[i] Mr Justice Blair stayed enforcement of an ICSID arbitration award on … Continue Reading
By Daniel Harrison A recent Commercial Court case emphasises the limitations on court intervention in arbitration, and demonstrates that parties must think carefully about when and how to raise jurisdictional issues. In HC Trading Malta Ltd v Tradeland Commodities SL[1] the Commercial Court held that it would be wrong in principle for a court to … Continue Reading
