The February Dutch court decision in the dispute between a Ukrainian investor (DTEK Krymenergo) and Gazprom International provides an instructive example of how national courts can approach questions of corporate separateness, state involvement, and foreign law in the context of interim relief. I prepared several opinions on Russian law in this case and summarise in this…
Those unfamiliar with civil law procedure rules followed by English courts may find it difficult to understand how to argue issues related to foreign law. Should lawyers representing the parties explain their own understanding of foreign law? Are they supposed to invite experts to do that? Do experts need to be admitted to practice in…
Yesterday, one of America’s greatest legal minds, Judge Stephen F. Williams for whom I had the honour to clerk in 2007 passed away because of COVID-19. A graduate of Yale and Harvard Law School with family roots going back to British settlers who arrived in America on the Mayflower, I knew him as a modest…
On 5 May 2020, 23 EU Member States signed an agreement for the termination of intra-EU bilateral investment treaties between EU Members (Termination Agreement). The British Institute of International and Comparative Law (BIICL) hosted a webinar on 1 June 2020 to discuss legal and practical consequences of the Termination Agreement. The webinar featured presentations from representatives…
On 18 October 2019, we put together a joint BIICL/University of Liverpool event on the appointment of international judges and arbitrators. The idea was to look at common trends and divergences between various international courts and tribunals with a particular focus on legitimacy and the rule of law. Diversity as legitimacy I presented my views…