Challenge under s67 of Arbitration Act 1996 to jurisdiction of Tribunal to make award under Bilateral Investment Treaty. Challenge dismissed and court held that, under the relevant arbitration clause, jurisdiction of Tribunal extended to matters of liability and quantum.
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One of the many disputes arising out of the Argentine economic crisis. ICSID found that Argentina had breached its obligations under the relevant Bilateral Investment Treaty in relation to “fair and equitable treatment” and in relation to the “umbrella clase”.
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The Tribunal held (2-1) that it had jurisdiction over a dispute under the Italian-Egyptian bilateral investment treaty. The decision involved consideration of Article XXV of the ICSID Convention and the requirements that must be satisfied in order for ICSID to have jurisdiction over a dispute between a Contracting State and an individual.
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The issue was whether military strikes in the Gaza Strip, which were aimed at preventing attacks on Israeli soldiers and civilians, but which also caused the deaths of civillians were illegal. The Court held that this depends on the international law of armed conflict and in particular the principle of proportionality.
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A foreign state could not claim state immunity in respect of English proceedings to enforce a foreign arbitration award where it had agreed in writing to submit the dispute to arbitration.
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Claims for damages brought by Equatorial Guinea arising out of an alleged attempted coup were non-justiciable in the English courts because the losses sustained were not property interests but arose from decisions taken by the state to defend itself and its citizens, which involved the exercise of sovereign authority.
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The Tribunal found that Argentina had breached the relevant Bilateral Investment Treaty by failing to accord “fair and equitable treatment” and “full protection and security” to Azurix. It awarded compensation in the sum of US$165,240,753.
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Argentina requested provisional measures against Uruguay (under a 1975 Treaty) to suspend the authorisation and construction of two pulp mills on the River Uruguay and to compel Uruguay to cooperate with it to protect the environment around the River. The International Court of Justice rejected the request.
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A majority of the Supreme Court held inter alia that the military commission established by the US Government to try Hamdan, a Guantanamo detainee violated the Geneva Conventions.
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The House of Lords applied the State Immunity Act 1978 to dismiss an action for damages, in relation to alleged torture, against the Ministry of Interior of Saudi Arabia and certain state officials. The Court rejected the argument that the application of the Act would violate Article 6(1) of the ECHR or jus cogens norms of international law.
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