Client Alerts

In the brief 60 years of space flight, humanity has sent over 60,000 space objects and 1 million pieces of smaller debris into orbit around the planet.  This has created the risk of a legal and physical log-jam in space.  The congestion and space-junk problems are projected to become even more acute as the space race broadens its participants.

During the 29th annual session of the International Seabed Authority (“ISA”), Malta, Tuvalu, Honduras, Guatemala and Austria declared their support for a precautionary pause on deep-sea mining.  To date, now over thirty States have called for a halt in the exploitation of the deep seabed minerals.  These calls come as the ISA struggles to adopt a final set of regulations on mining exploitation.

On 30 May 2024, the European Council adopted decisions enabling the European Union (“EU”) to denounce (the proper international law term for ‘withdraw from’)  the Energy Charter Treaty (“ECT”). 

The COVID-19 pandemic exposed significant gaps in the global health system, leading to immense human and economic losses.  In response, the World Health Organization (“WHO”) and its member States decided to draft a comprehensive international treaty—the Pandemic Prevention, Preparedness, and Response Accord.

On 13 June 2024, the Caribbean Community (“CARICOM”) and the African Union (the “AU”) signed a Memorandum of Understanding at Afreximbank’s 31st Annual meeting in Nassau, Bahamas.  This MOU brings the two regional economic and political blocs one step closer to a Free Trade Agreement (“FTA”).

On 2 August 2024, in a historic and closely watched vote, States around the world elected Brazilian oceanographer and environmental regulator Leticia Carvalho as Secretary-General of the International Seabed Authority (the “ISA”).

The partners of Volterra Fietta have sent the following message to all staff at the firm.

On 19 July 2024, the International Court of Justice (“ICJ”) rendered its advisory opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. ICJ advisory opinions Advisory opinions issued by the ICJ are rare and valuable.  Together with this advisory opinion, the ICJ has

On 27 June 2024, Volterra Fietta partners Robert G Volterra and Ahmed Abdel-Hakam were invited by Leiden University to speak at the conference on Counterclaims in International Law. 

Volterra Fietta partner Professor Robert Volterra was recently commissioned by The Times to publish an article on the Antarctic Treaty system and its environmental protocols. The article, entitled ‘The Antarctic mining ban could be in danger’, was published on 27 June 2024.  It examines the 1959 Antarctic Treaty, which suspended competing territorial claims by the

The EU Critical Raw Materials Act, effective since 23 May 2024, aims to diversify Europe’s supply of essential minerals needed for green and digital transitions.  It sets targets for the EU to achieve by 2030, including extracting 10% of its annual consumption of critical raw minerals within the EU.

On 30 May 2024, Volterra Fietta partners Robert G Volterra and Ahmed Abdel-Hakam gave a practical training session at the National Centre for the Sea and Maritime Law “DEHUKAM”, in Ankara, the Republic of Türkiye. Photo: Robert G Volterra, Ahmed Abdel-Hakam and DEHUKAM staff. The Volterra Fietta partners shared practical insights with participants, drawing on

Volterra Fietta is proud to announce that one of its Partners, Gunjan Sharma, has been appointed as an inaugural Honorary International Law Practice Fellow of the British Institute of International and Comparative Law (BIICL). BIICL’s Honorary International Law Practice Fellowship programme was initiated this year. The programme acknowledges the contributions of the UK’s foremost lawyers to

On 19 December 2023, the United States (“US”) announced the outer limits of its extended continental shelf.  In doing so, the US cited the inherent interest in clarifying the seabed areas in which the US is entitled to exercise sovereign rights.  Its announcement has not been without controversy, prompting recent diplomatic reactions from the Russian

On 29 March 2023, the United Nations General Assembly adopted a resolution co-sponsored by Barbados requesting that the International Court of Justice (the “ICJ” and the “Court”) give an advisory opinion on the obligations of States under international law in respect of climate change (the “Obligations of States in respect of Climate Change Case”  or the “Climate

The United Kingdom (“UK”) has announced that it is set to join the Comprehensive Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) by end 2024. It cleared a major hurdle to do so in March 2024, when the UK’s CPTPP bill received Royal Assent and was enacted into domestic law. The new Act follows the substantial conclusion

In April 2024, in a move to build trust and certainty towards harnessing the potential of critical energy transition minerals, UN Secretary-General António Guterres appointed a newly established Panel on Critical Energy Transition Minerals.  The Panel will be co-chaired by Ambassador Nozipho Joyce Mxakato-Diseko of South Africa and the European Commission’s Director-General for Energy Ditte

After many years in the making, the EU announced the approval on 24 May 2024 of its new Corporate Sustainability Due Diligence Directive (“CSDDD” or “Directive”).  This followed the Directive’s adoption by the EU Parliament on 24 April 2024 and the EU Council approving the Directive in March 2024 – just in time for the European

Later today, on 22 April 2024, at 8 pm UK time / 3 pm Barbados time, Gunjan Sharma, Partner at Volterra Fietta will speak at a seminar on a distinguished panel of human rights experts on the “Impact and Challenges of International Human Rights Law”.  The seminar will take place at the University of West

On Friday, 8 March 2024, at the invitation of the Alan Turing Institute and King’s College London’s Institute for Artificial Intelligence, Volterra Fietta Partner Gunjan Sharma discussed the development of space law to accommodate artificial intelligence applications.  The panel was hosted as part of AI UK Fringe. The event was hosted at the River Room at King’s College London,

On 13 November 2023, the Council of the European Union approved its first Space Strategy for Security and Defence. The strategy is aimed at enhancing the resilience and protection of space systems and services in the EU. The strategy supports the EU Commission’s proposal for an “EU space law”, welcomes the establishment of an “EU

On 12 January 2024, the UK signed the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague Judgments Convention). The Convention has been ratified by 29 States. The Hague Judgments Convention establishes a uniform framework for the mutual recognition and enforcement of foreign judgments within its member

On 18 December 2023, using Volterra Fietta as legal counsel, Barbados filed a written submission to the Inter-American Court of Human Rights concerning the obligation of States who are Parties to the American Convention on Human Rights to address the climate emergency. The Inter-American Court on Human Rights had previously accepted the request for an

On 26 January 2024, the International Court of Justice (“ICJ”) delivered its Order on the Request for the indication of provisional measures submitted by the Republic of South Africa by the Republic of South Africa (“South Africa”) in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide

The United Nations Environment Programme (“UNEP”) has underscored the crucial role that mining plays in securing the clean energy transition.  Speaking publicly on 9 January 2024, UNEP’s Executive Director and UN Under-Secretary-General Inger Andersen highlighted the “huge opportunity for developing countries with [energy transition] metals and minerals to invest in sustainable development”.  She noted further

Following repeated attacks by the Houthi Movement, a number of energy and freight companies have decided to divert their ships around the Cape of Good Hope instead of their usual route via the Red Sea and Suez Canal.  For example, British Petroleum, CMA-CGM, Maersk and OOCL have paused all shipments of oil through the Red

Volterra Fietta Partner, Ahmed Abdel-Hakam, was named Arbitration Future Leader in the partner category.  Senior Associate Ben Burnham was also named Future Leader in the non-partner category. Robert G. Volterra has once again been “Recommended” by Who’s Who Legal as a leader in Arbitration.  Robert has consistently been recognised by Who’s Who Legal for almost two decades. This recognition

On 21 November 2023, the International Fund for Agricultural Development (“IFAD”), a specialised agency of the United Nations, listed sustainable bonds on the London Stock Exchange (“LSE”).  By doing so, IFAD demonstrated its ability to use complex and innovative financing structures to pursue its fundamental purpose: the alleviation of global hunger.  Adding to its achievement, IFAD also presented

On 13 November 2023, the Director-General of the International Labour Organization (the “ILO”) transmitted a letter to the International Court of Justice (the “ICJ”) requesting that it issue an Advisory Opinion on whether the 1948  Freedom of Association and Protection of the Right to Organise Convention, which protects workers rights to organise collectively, also includes the right to

On 1 September 2023, People’s Republic of China has adopted the Law on Foreign State Immunity (the “State Immunity Law”), which will take effect on 1 January 2024.  This law represents a major shift in China’s approach to sovereign immunity, with far-reaching implications for States operating in China. China’s previous adherence to the doctrine of

Belgium has taken a major step by seizing profits generated from Russian Central Bank’s (“CBR”) frozen reserves of EUR€1.7 billion, which is the first of its kind in Europe.  The Belgium government will create a EUR€1.7 billion fund from the taxes collected from these profits, with a significant portion designated to assist Ukraine. The move

Background In September 2023, the United Kingdom (“UK”) decided to deny advantages of Part III of the Energy Charter Treaty (“ECT”) to Russian entities.  This includes entities who do not have substantial business activities in the country and are included in the UK Sanctions list. The UK Department of Business & Trade, on 29 September

Background On 28 June 2023, the OECD released the “Guidelines for Multinational Enterprises on Responsible Business Conduct” (“Guidelines”), replacing the 2011 version of the Guidelines.  The Guidelines aim to promote positive contributions by enterprises to economic, environmental, and social progress, in line with internationally recognised standards. The Guidelines are voluntary and are not a substitute

On 10 November 2023, the Governments of Australia and Tuvalu announced a new bilateral treaty to facilitate cooperation on matters of climate change, human mobility and security. Framed around the Tuvaluan concept of “falepili” (traditional values of good neighbourliness, care and mutual respect), the new treaty seeks inter alia to assist Tuvalu in responding to escalating threats

Ahmed Abdel-Hakam presented a lecture last week at the Annual Conference of the International Society for Military Sciences (“ISMS”).  Ahmed’s talk dealt with the topic of State responsibility and the exploitation of natural resources during times of war.  Ahmed had been invited to speak by the Royal Danish Defence College. The conference took place on

Volterra Fietta lawyers Robert Volterra and Jehad Mustafa were commissioned to publish an article in The Times on diplomatic immunity.  The article appeared on 26 October 2023. The Times article, entitled “Diplomats have immunity for a reason”, examines the recent split decision in the UK Supreme Court case of Basfar v Wong.  The case has raised eyebrows in

On 23 October 2023, in Federal Republic of Nigeria v. Process & Industrial Developments Ltd [2023] EWHC 2638 (Comm), Justice Robin Knowles CBE, of the English High Court, set aside a multi-billion-dollar award against Nigeria on the grounds of serious irregularities arising out of concealment of bribery before and during the arbitration and unlawful obtention of Nigeria’s

On 18 October 2023, the Court of Justice of the European Union (the “CJEU”) ordered the Syrian Arab Republic (“Syria”) to pay close to EUR 29 million plus interest to the European Union’s European Investment Bank (the “EIB”).  The judgment arose out of Syria’s default on a pre-existing loan granted by the EIB.  Of note,

In its recent Decision No. 246/2022 (the “Greek Case”), the Hellenic Supreme Administrative Court applied the Court of Justice of the European Union(CJEU) reasoning from two cases (Achmea (C-284/16) and Poland v PL Holdings (Case C-109/20)) in a way that frustrated a contractual agreement to arbitrate an investment dispute involving a concession to operate Athens International Airport.  This radical

On 2 October 2023, the US Federal Communications Commission (the “FCC”) – which regulates US satellites and spectrum – fined a private space company, Dish Operating L.L.C. (“DISH”), USD 150,000 for the company’s failure to remove a satellite from congested space orbit as promised.  This fine is part of a settlement, under which DISH also

Volterra Fietta partner Ahmed Abdel-Hakam is taking up a position as Visiting Scholar at the University of Cambridge’s Lauterpacht Centre for International Law.  Ahmed’s position as Visiting Scholar – from September to December 2023 – will be part-time, enabling him to continue servicing his clients at Volterra Fietta. The Lauterpacht Centre for International Law is

On 10 June 2023, the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) adopted its report, following its 66th session.  This report considered the representation and deliberations of 102 Member States, held in pursuance to the UN resolution on the International cooperation in the peaceful uses of outer space.[1] The final report

On 27 June 2023, the Islamic Republic of Iran (“Iran”) filed an application with the International Court of Justice (“ICJ”) in The Hague to resolve a dispute it has with Canada, concerning alleged violations of its immunities (“the Application”). In its Application, Iran refers to a series of legislative, executive and judicial measures adopted by

Background On 8 June 2023, Canada and the Netherlands jointly instituted proceedings against Syria before the International Court of Justice (the “ICJ”).  The application alleges violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “Convention against Torture”) by Syria. The application’s objective is stated by Canada and the

Under Article 41(1) of the Statute of the International Court of Justice (“Statute” and “ICJ”, respectively) and Article 75(1) of the Rules of the ICJ (“Rules”), the ICJ has the power to ‘indicate’ provisional measures.  The wording of Article 75(1) of the Rules is clear.  It provides that the ICJ may ‘indicate’ provisional measures which

Around the world, some 153 States share transboundary water resources, including 592 transboundary aquifer systems and 286 transboundary river and lake basins.  Together, such transboundary waters account for some 60 per cent of the world’s freshwater flows.  These shared resources have come under increasing pressure as a result of industrialisation, modern agricultural techniques and population

Despite ongoing efforts, leading reports indicate that biodiversity – the diversity within species, between species and of ecosystems – continues to deteriorate faster than at any time in human history. Recent months have seen global efforts to halt and reverse biodiversity loss continue. Without this, the global economic impact would be profound: the World Economic

The United Kingdom (“UK”) is set to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”), following the substantial conclusion on 31 March 2023 of nearly two years’ negotiations.  It would become the first new country to accede to the CPTPP since it was established in 2018. CPTPP at a glance The CPTPP is

Ahmed Abdel-Hakam, Partner at Volterra Fietta, has been appointed to the Dispute Resolution Committee of the Law Society of England & Wales.  His appointment is initially for a three-year term.  The Dispute Resolution Committee’s role involves influencing and shaping the Law Society’s policy across the full spectrum of dispute resolution.  Ahmed’s selection for this appointment

On 29 March 2023, Volterra Fietta filed an international arbitration against the North Atlantic Treaty Organization (“NATO”) on behalf of a long-term Afghan contractor to NATO.  Volterra Fietta is acting pro bono and without any payment of its fees in the case.  As far as Volterra Fietta is aware, this is the first pro bono

In the early hours of 5 March 2023, States concluded an international agreement on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction, better known as the “BBNJ Agreement” or the “High Seas Treaty”.  The BBNJ Agreement establishes a mechanism for marine-protected areas beyond national jurisdictions.  It is a step towards

Gunjan Sharma has written an article in the Indian Journal of Arbitration Law.  The article, titled “The Continuing Backlash against Investor-State Arbitration may Call for the Increasing Use of Contract Terms to Protect Energy Investment”.  Please click here.

The partners of Volterra Fietta are excited to welcome their newest member into the partnership, Ahmed Abdel Hakam, from 1 March 2023. Prior to joining Volterra Fietta, Ahmed worked in the public international law and international arbitration groups of a number of major US and UK global law firms, from their London offices.  In his

“Without doubt the leading firm in public international law” Volterra Fietta and its lawyers at all levels again top the rankings in the world’s leading independent law firm directories, including Chambers & Partners and Legal 500 For yet another year, Chambers & Partners and Legal 500 have both recognised Volterra Fietta as the leading firm

As previously announced, the fifth London International Boundary Conference (“LIBC”) will take place next week, on 12 and 13 December 2022.  The LIBC 2022 will provide a unique and multidisciplinary insight into the complex world of international boundary and territorial questions.  Like previous LIBC conferences, this year’s convention strives to bring together specialists from international

Registrations for the London International Boundary Conference (“LIBC”) are now open.  Early Bird Pricing until 2 December 2022.  In order to register, please visit: https://www.londoninternationalboundaryconference.com/register.2022_template.asp The LIBC 2022 will provide a unique and multidisciplinary insight into the complex world of international boundary and territorial questions.  Like previous LIBC conferences, this year’s convention strives to bring

We are delighted to announce that registrations for the London International Boundary Conference (“LIBC”) are now open.  In order to register, please visit: https://www.londoninternationalboundaryconference.com/register.2022_template.asp The LIBC 2022 will provide a unique and multidisciplinary insight into the complex world of international boundary and territorial questions.  Like previous LIBC conferences, this year’s convention strives to bring together

CALL FOR PAPERS Deadline: 4 November 2022 The fifth London International Boundary Conference (“LIBC”) will take place on 12 and 13 December 2022. The event will take a hybrid format. The first day of events will take place at the King’s College Stamford Street Lecture Theatre, located south of the river in the Waterloo Campus

Top-ranked public international law specialist firm Volterra Fietta is pleased to announce the promotion of Angela Ha to counsel, effective as of 1 November 2022. Since joining in 2016, Angela has worked for the firm’s clients across the full range of public international law, including land and maritime boundary disputes, international human rights, the law

Deadline: 2 November 2022 Volterra Fietta (the public international law firm) and King’s College London (the Department of Geography) are delighted to announce that applications for the 2022 London International Boundary Conference (“LIBC”) Scholarship are now open. The organisers are inviting government officials, diplomats, academics and others with a interest in international boundaries to submit

CALL FOR PAPERS Deadline: 4 November 2022 The fifth London International Boundary Conference (“LIBC”) will take place on 12 and 13 December 2022. The event will take a hybrid format. The first day of events will take place at the King’s College Stamford Street Lecture Theatre, located south of the river in the Waterloo Campus

We are delighted to announce that the London International Boundary Conference will return for its 5th convention on 12th & 13th December 2022.  Inaugurated in April 2013, it is a major international forum dedicated to furthering multidisciplinary approaches to complex territorial and boundary disputes. The conference strives to bring together specialists from international law, the social

On 14 July 2022, the Kingdom of Saudi Arabia (the “KSA”) signed the Artemis Accords, an international agreement that sets out principles for peaceful cooperation in the civil exploration and use of the Moon, Mars, comets and asteroids.   The KSA’s signature on this cutting-edge treaty signals its Government’s continued commitment to technological innovation and economic

On 24 June 2022, the Energy Charter Conference agreed in principle on the modernisation of the Energy Charter Treaty (the “ECT”).  The proposed changes to modernise the ECT will, among other things, limit investor protections and restrict investors’ recourse to arbitration under the ECT.  Notable changes to the ECT include the exclusion of intra-European Union

On 6 April 2022, the Government of Canada granted environmental assessment approval to Norwegian oil giant Equinor for its proposed USD 12 billion Bay du Nord offshore oil project.  If and when the project reaches production, expected in 2028, Canada could become the first country in the world to make international royalty payments required for

The partners of Volterra Fietta welcomed their newest member into the partnership, Gunjan Sharma, on 1 May 2022. Gunjan joined the firm as an associate in 2018 and was promoted to Counsel in 2021.  Prior to joining Volterra Fietta, Gunjan worked for eight years in the international arbitration and litigation group of a major global

On 1 December 2021, the World Health Organization (“WHO”) established an intergovernmental negotiating body to draft and negotiate a new international treaty to respond to future pandemics.   Since the early days of the COVID-19 pandemic, Volterra Fietta has been advocating the creation of a global, multilateral treaty to facilitate effective global responses to future

On 15 November 2021, the US Government alleged that the Russian Federation (“Russia”) had that day conducted a test of a direct-ascent anti-satellite missile.  According to a press release by US Secretary of State Anthony Blinken, the test created at least 1,500 pieces of debris in the so-called low earth orbit or LEO.  According to

On 5 November 2021, the Dutch Supreme Court partly upheld an appeal filed by the Russian Federation (“Russia”) against a previous decision of The Hague Court of Appeal to reinstate three landmark arbitral awards ordering Russia to pay approximately USD 50 billion in total in damages to three former shareholders of Yukos Oil Company (“Yukos”).

In the last couple of weeks, a number of major Latin American Governments have proposed measures that would potentially, if implemented, nationalise or diminish the value of foreign investments across a range of industries.  In particular:  (a) the Peruvian government has threatened to nationalise Peru’s largest gas field unless the consortium operating it agrees to

On 4 March 2021, according to an UNCITRAL statement, Malawi acceded to the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention (the “New York Convention” or “Convention”).  On 2 June 2021, the New York Convention will enter into force for Malawi and it

On 21 June 2021, the Government of the Republic of Ecuador (“Ecuador”) became the 164th State to sign the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”).  Ecuador’s decision comes approximately a decade after Ecuador denounced the ICSID Convention and terminated most of its investment protection

On 21 April 2021, Volterra Fietta partner Robert Volterra gave a guest virtual lecture at Jindal University, India.  The topic of his lecture was: “How to win cases before the International Court of Justice in the 21st Century”.  The lecture was simultaneously broadcast by the university on YouTube and thus made available to a wider

Abu Dhabi’s state-owned Mubadala Investment Company (“Mubadala”) is on track to acquire a USD 1.1 billion stake in the Tamar natural gas field (the “Tamar field”), located offshore Israel. On 26 April Mubadala signed a memorandum of understanding with Israel’s Delek Drilling LP (“Delek”).  Delek originally aimed to sell its 22% stake in the Tamar

On Tuesday 15 June 2021, the Faculty of Law, Te Herenga Waka—Victoria University of Wellington is hosting an expert panel discussion of current issues on the Law of the Sea.  The invitation and information about how to participate is set out below:    

On 18 May 2021, the International Energy Agency (“IEA”) set out far-reaching proposals as part of “Net Zero by 2050”, its roadmap for decarbonising the energy sector. The most controversial proposal will likely be a complete halt by 2021 to all new oil and gas projects and coal mines beyond those already committed.  The IEA

On 1 May 2021, Peter Flint joined the Volterra Fietta partnership.  Peter had joined the firm over a year ago as a consultant.  Previously, he was the head of international arbitration at Gowling WLG LLP and, before that, a partner at Barlow, Lyde & Gilbert LLP.   Peter has been recognised globally as a leading

On 15 April 2021, the Court of Justice of the European Union (“CJEU”) handed down its highly anticipated decision in Eutelsat SA v. Autorité de régulation des communications électroniques et des postes (“ARCEP”) and Inmarsat Ventures SE (“Inmarsat”).  In what was the main thrust of the decision, the CJEU ruled that telecommunication regulations should not

Top-ranked international law firm Volterra Fietta is pleased to announce the promotion of associate Gunjan Sharma to Counsel, effective 1 May 2021. Gunjan, a New York-qualified attorney, is a graduate of the New York University School of Law.  He is also a Krogh Honors Scholars Medallion recipient at the Edmund A. Walsh School of Foreign

On Wednesday 7 April 2021, Volterra Fietta as the international legal counsel for the Republic of the Union of Myanmar (“Myanmar”, acting through the legitimate parliamentary-designated Committee Representing Pyidaungsu Hluttaw (“CRPH”)), held a meeting with the head of the United Nation’s Independent Investigative Mechanism for Myanmar (“IIMM”).  This meeting discussed the modalities of dialogue and

On 30 March 2021, the leaders of 25 States, the European Union and the World Health Organization published an article endorsing the idea of a treaty to coordinate international responses to pandemics. Since the early days of the COVID-19 pandemic, Volterra Fietta has been proud to provide thought leadership in support of the creation of

Volterra Fietta Partner Graham Coop and Associate Zuzana Morháčová coauthored the chapter on “Energy Charter Treaty Dispute Settlement System” which was recently published in the Max Planck Encyclopedia of International Procedural Law (MPEiPro). The Max Planck Encyclopedia of International Procedural Law maps and analyses the systems and processes through which international law is made and adjudicated in

Introduction On 6 February 2021, the Sudanese Supreme Committee of the Grand Ethiopian Renaissance Dam (“SCGERD“) held a meeting, headed by Prime Minister Abdullah Hamdouk (“Prime Minister Hamdok“), during which it was decided that Sudan should seek to involve the African Union (“AU“), the United Nations (“UN“), the European Union (“EU“) and the United States

The Republic of the Union of Myanmar has publicly announced that it has instructed Volterra Fietta to advise on and pursue international legal proceedings against the illegitimate military regime that is responsible for the violent armed aggression directed against the people of Myanmar and their legitimate democratic representatives. From 1 February 2021, an unconstitutional and

Volterra Fietta has been ranked, for yet another year, amongst the leading international law firms by the Chambers and Partners rankings for 2021.  Reflecting the fact that Volterra Fietta has the largest dedicated team of public international lawyers of any law firm anywhere in the world, the firm’s rankings are in both the UK and global directories. 

On 12 February 2021, the United Kingdom Supreme Court issued its highly anticipated judgment in Okpabi and others v. Royal Dutch Shell Plc and another [2021] UKSC 3.  The Supreme Court followed its findings in Vedanta Resources PLC and another v. Lungowe and others [2019] UKSC 20 and held that the victims of alleged oil spills in Nigeria could bring

Graham Coop, Partner at Volterra Fietta, was awarded Energy Sector Public International Law – Lawyer of the Year in England at the 2021 Global Law Experts Annual Awards. This award is further recognition of Graham’s status as one of the world’s leading experts on international energy law, the Energy Charter Treaty and international investment arbitration. Graham has

The African Arbitration Association (‘AfAA’) has recently launched its African Arbitration Atlas.  The Atlas is a free online resource intended to provide a comprehensive review of the African arbitration landscape. The African Arbitration Atlas comprises two separate tools.  The African Arbitration Legislation map (‘AAL’) is an interactive tool that allows users to quickly check the

The United Arab Emirates (the “UAE”) has defeated the State of Qatar (“Qatar”) in the case concerning the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates).  On 4 February 2021, the International Court of Justice (the “Court”) issued a judgment (the “Judgment”) finding, by eleven votes to six,

On 3 December 2020, Belgium announced that it had submitted a request to the Court of Justice of the European Union (the “CJEU”) for an opinion on the compatibility of the intra-European Union (“EU”) application of the arbitration provisions of the future modernised Energy Charter Treaty (“ECT”) with the European Treaties.  As currently interpreted by the

On 13 November 2020, the French National Assembly adopted an amendment (the “Amendment” or the “Proposed Measure”) which, if approved by the Senate and passed into law, will revise downward the feed-in tariffs (“FiTs”) payable under solar power supply contracts concluded more than ten years ago between the State and photovoltaic energy producers. This Amendment

On 9 October 2020, the Government of South Africa published a draft Expropriation Bill, 2020 in its Gazette. The draft Bill is part of a process, including a constitutional amendment, that is intended to introduce the concept of expropriation without compensation into South Africa’s legal system.  In particular circumstances, the application of the provisions of this draft Bill

The UK Supreme Court has issued a decision clarifying how English law will determine the governing law of an arbitration clause in an international contract.  The UK Supreme Court’s decision has potentially material repercussions for parties entering into arbitration clauses that provide that London as the seat of arbitration, especially agreements signed by or with

Volterra Fietta is proud to announce that it has been ranked, for yet another year, as a Tier 1 firm in Public International Law by the independent The Legal 500’s 2021 Rankings. The Legal 500 also recognised the firm’s leading position in International Arbitration in both its UK and Latin America rankings. Founding partner Robert Volterra

Volterra Fietta has won a complete and decisive victory for its client the Federal Republic of Nigeria in a recent investment arbitration.  Nigeria faced claims from foreign oil companies for billions of dollars in compensation, in an arbitration at ICSID.  Nigeria’s legal team, in which Volterra Fietta co-counselled with Nigerian law firm Afe Babalola &

On 4 April 2019, the Belgian Parliament approved a bill setting out a national capacity mechanism aimed at safeguarding the security of electricity supply in Belgium. Preventing future electricity shortages has been of particular concern to Belgium since its decision to phase out all nuclear capacity by 2025. Under the new capacity mechanism, energy capacity providers

On 18 September 2020, the Dutch Socio-Economic Council recommended that the Netherlands enact a mandatory human rights due diligence. This is one of the many recent business and human rights developments of which companies that do business in the Netherlands need to be aware. Dutch companies will soon need to comply with new business and

The EU-Vietnam Free Trade Agreement and the EU-Vietnam Investment Protection Agreement will usher in a new wave of trade between the EU and Vietnam and foster new opportunities for foreign investment.  They also oblige prudent EU investors in Vietnam (or vice versa) to review their current investment protection with a view to planning for significant

On 2 July 2020, a Permanent Court of Arbitration (“PCA”) tribunal constituted under Article VII of the United Nations Convention on the Law of the Sea (“UNCLOS”), published extracts of its final award in the case concerning the Enrica Lexie incident (between Italy and India).  The tribunal held that Indian courts could not exercise criminal jurisdiction over two Italian marines who

The COVID-19 pandemic is accelerating the trend towards stricter control and screening of foreign investments as many States have recently announced amendments to their foreign direct investment (“FDI”) rules to protect strategic domestic industries.  Foreign investors should, in the early planning stages of their investments, carefully assess risks resulting from these regulations. * Increased FDI

The COVID-19 epidemic, the measures taken by governments in numerous countries and the ensuing global economic crisis entail significant changes to the operating environment for many companies.  The pandemic and its economic consequences have in many situations exposed and amplified existing human rights problems.  Companies will need to consider how their responses to the immediate

The COVID-19 pandemic poses immense challenges for States, their citizens and businesses alike.  While the tragic human cost of the pandemic is evident, the long-term economic effects on State economies and business operations in the energy sector specifically have not yet fully emerged. In responding to the COVID-19 pandemic, States have adopted a suite of

Over the last months, States around the world have been taking emergency measures in response to the COVID-19 pandemic.  While promoting and protecting public health, such measures often result in restrictions to the enjoyment of other rights, such as freedom of movement, privacy, non-discrimination, freedom of expression or freedom of peaceful assembly. On 30 April

It is widely recognised that the COVID-19 pandemic will affect the ability of a court or arbitration tribunal to hold hearings or conduct other in person proceedings.  What is less recognised, however, is that the COVID-19 pandemic – and the various public health measures taken in response to the pandemic – also affect the preparatory

The recession caused by the COVID-19 pandemic has had global effects, affecting foreign operations and divisions around the world.  Numerous companies are seeking to acquire additional debt based on foreign assets.  Companies are also looking to sell assets in order to bolster cash reserves. Before a multinational company restructures, takes on debt based on foreign

States around the world have implemented unprecedented measures to respond to the COVID-19 pandemic.  These include a range of public health measures imposed on populations, such as social distancing, national lockdowns and other restrictions on movement.  States also have ordered the temporary closure of non-essential businesses and the requisition of the premises of certain investors

A number of legal actions have been brought before national courts and international bodies against the People’s Republic of China, over its alleged failure to contain the COVID-19 outbreak. * On 21 April 2020, the Attorney General of the State of Missouri announced the State’s filing of a civil lawsuit in the US District Court

The COVID-19 pandemic poses unprecedented global challenges.  States have adopted disparate measures in response to the COVID-19 pandemic.  These inconsistent responses might have had negative consequences, including the spread of the disease, disruption of international trade and sub-optimal outcomes due to State competition for essential medical resources and materials. As a result, the COVID-19 pandemic

As the COVID-19 pandemic continues to spread, the arbitration community is looking for ways to adjust the way arbitration proceedings are conducted to the new reality of social distancing measures and travel restrictions adopted by governments around the world.  Leading arbitral institutions have taken steps to make electronic filings their default procedure and are encouraging

The International Health Regulations (2005) (the “IHR”) are the key international legal instrument regulating the “international spread of disease”.  They bind 196 States, including all Member States of the World Health Organization (the “WHO”).  Their purpose is to: [P]revent, protect against, control and provide a public health response to the international spread of disease in

On 18 February 2020, The Hague Court of Appeal reinstated three landmark arbitral awards ordering the Russian Federation to pay approximately USD 50 billion in total in damages to three former shareholders of Yukos Oil Company. This decision of the Dutch Appeal Court revives the largest compensation awards ever issued in investment treaty arbitration.  It

On 27 February 2020, the Court of Appeal of England and Wales delivered a decision in R (Heathrow Hub Ltd) v Secretary of State for Transport [2020] EWCA Civ 214 declaring unlawful the proposed expansion of capacity at Heathrow airport with reference to the United Kingdom’s climate change obligations under international law. This highly publicised judicial review

Commercial Contracts and International Organisations A Court of Appeal in the Netherlands has confirmed the functional immunity of NATO entities even if a private contractor has no “reasonable alternative means” to resolve its contractual dispute.   On 10 December 2019, in the case of Supreme Headquarters Allied Powers Europe et al v Supreme Site Service GmbH

Under-aged artisanal miners have filed a class action suit in a United States (“US”) District Court against some of the world’s largest tech companies, arguing that these enterprises knowingly benefit from child labour in cobalt mines in the Democratic Republic of Congo (“DRC”). The court documents in Doe and Others v Apple Inc and Others

On 20 December 2019, the Dutch Supreme Court ordered the Dutch State to reduce greenhouse gas emissions by 25%, compared to 1990 levels, by the end of 2020.  This week, the Dutch judiciary published the English translation of the Dutch Supreme Court’s decision. The Dutch Supreme Court’s decision is based on the European Convention on

The United States of America (the “US”) appears to be determined to stop the construction of the Nord Stream 2 and TurkStream gas pipeline projects (the “Projects”). Consistent with its position across multiple administrations, the US enacted the Protecting Europe’s Energy Security Act of 2019 (“PEESA”) on 20 December 2019, as part of the 2020

On Monday 6 January 2020, Volterra Fietta appointed Peter Flint, the ex-head of international arbitration at Gowling WLG LLP and, previously, Barlow, Lyde & Gilbert LLP, as a consultant. Peter established himself as a recognised leading practitioner in the fields of international arbitration, litigation and ADR during the course of his 35-year career. He has

The first speaker was Ms Penelope Nevill, a distinguished barrister at Twenty Essex Chambers.  With an emphasis on English law and international law, Ms Nevill discussed how debt obligations and contracts might be affected by the existence of armed conflict and the UK and EU sanctions regime.  Her discussion explained the principles that underlie the

On 10 April 2019, the United Kingdom Supreme Court (Lady Hale, Lord Wilson, Lord Hodge, Lady Black and Lord Briggs) unanimously dismissed the procedural appeal against the Court of Appeal’s judgment of 13 October 2017 in Lungowe and Ors. v. Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528.  In doing so, it allowed

On 27 February 2019, the U.S. Supreme Court broadened the potential pathways to sue international organisations (“IOs”) in U.S. courts in the closely watched case of Jam et al. v. International Finance Corporation.[1]  The Supreme Court’s decision increases the possibility that IOs, including development banks, may find themselves named as defendants in mass tort and

Top-ranked public international law firm Volterra Fietta is pleased to announce the promotion of Álvaro Nistal to counsel, effective as of 1 May 2019. Since joining our firm in 2012, Álvaro has worked on numerous, legally-significant cases. He has represented States in multiple cases before the International Court of Justice. He also has advised States

On 24 April 2018, a divided United States Supreme Court (the “Court”) held that foreign corporations may not be defendants in suits brought under the Alien Tort Statute (the “ATS”). The highly-anticipated ruling in Jesner et al. v. Arab Bank, PLC is notable as much for what it did not decide as for what it

On 21 March 2018, 44 African countries signed the African Continental Free Trade Area (“AfCFTA” or “Zlec”) in Kigali, Rwanda. The AfCFTA is a free trade agreement advanced by the African Union (“AU”) that will create the largest free trade area in the world after the formation of the World Trade Organisation.  The AfCFTA is

On Friday 1 June 2018 Graham Coop will chair a panel on “Brexit and the Energy Charter Treaty” at a conference organised in Brussels, Belgium by the Association for International Arbitration (AIA) on “The Future of Investment Arbitration in Europe”.  The event will take place at the Conference Hall of Press Club Brussels Europe. The conference will provide

Partner Graham Coop and associate Isabella Seif have co-authored a chapter on “States’ Right to Regulate” in “International Arbitration in the Energy Sector”, edited by Maxi Scherer and published by Oxford University Press.  The book can be found here. The book provides broad coverage of different forms and systems of dispute resolution across both renewable and

On Tuesday (6 March 2018), the Court of Justice of the European Union (“CJEU”) gave judgment in Slovak Republic v Achmea BV, C-284/16, EU:C:2018:158.  The case concerned a request for a preliminary ruling from the German Federal Court of Justice regarding the interpretation of Articles 18, 267 and 344 of the Treaty on the Functioning of

On 11 January 2018, Mexico became the 162nd country to sign the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention” or the “Convention”). The ICSID Convention is a multilateral treaty which entered into force in 1966.  It is designed to facilitate investments between countries by

Recent declarations made by members of the newly elected government of Ecuador, headed by President Lenin Moreno, reveal a reversal of the country’s  approach towards foreign investment.  The approach taken by its predecessor was reflected in its decision to denounce and withdrawal from the ICSID Convention, as well as all of Ecuador’s bilateral investment treaties

On 25 October 2017, the UK Supreme Court narrowly upheld the appeal brought by an award creditor, Taurus Petroleum Limited (“Taurus”), seeking to attach debts of the State Oil Marketing Company of the Ministry of Oil, Republic of Iraq (“SOMO”).  The judgment is available here. Background and procedural history On 13 February 2013, an UNCITRAL

Volterra Fietta has retained its top-tier rankings in both the public international law and the investment treaty arbitration categories, in the recently issued editions of the annual Legal 500 UK and Chambers & Partners UK legal directories.  Volterra Fietta and previously, Robert Volterra’s public international law practice have been ranked consistently in the top-tier by

On 4 September 2017, the Tribunal in two parallel arbitrations administered by the Permanent Court of Arbitration (“PCA”) issued a Procedural Order (“PO2”) in which it found that claims arising under the Accord on Fire and Building Safety in Bangladesh (the “Accord”) are admissible and within the Tribunal’s jurisdiction.  The Tribunal also issued directions on confidentiality and transparency. The

On 13 October 2017, England’s Court of Appeal (Jackson, Simon and Asplin LJJ) unanimously upheld the first instance decision on jurisdiction of High Court Judge Coulson in Lungowe & Ors v Vedanta Resources Plc & Anor [2017] EWCA Civ 1528.  In doing so, it held that the court could proceed to assess the merits of

On Tuesday 3 October 2017 UCL and Volterra Fietta will host a seminar on “Brexit and the Energy Charter Treaty”. The speakers will cover a number of topics related to the Energy Charter Treaty that are likely to be affected by Brexit.  These include: European and British energy security Investment promotion and protection in the

On 1 June 2017, American President Donald J. Trump announced that the United States will withdraw from the Paris Climate Agreement (the “Paris Agreement”). Articles 3 and 4 of the Paris Agreement require its signatories to achieve nationally determined contributions (“NDCs”) aimed at keeping the global temperature rise below 2 degrees Celsius above pre-industrial levels. 

 On 27 March 2017, the Secretary-General of the Permanent Court of Arbitration (the “PCA”) designated an appointing authority in the investment arbitration between United Arab Emirates-based company DS Construction FZCO and Libya under the Agreement on promotion, protection and guarantee of investments among member States of the Organisation of the Islamic Conference (the “OIC Investment

The European Union (the “EU”) and Japan announced that they have reached agreement in principle on a free trade agreement (the “FTA”) on 6 July 2017.[1] Prime Minister Shinzo Abe of Japan claimed it to be “the model of the economical order of the 21st century”.[2]  The FTA has not been finalised or even signed

On 5 – 6 June 2017, the third London International Boundary Conference, co-sponsored by King’s College London and Volterra Fietta, took place at King’s College London’s Strand Campus. The Conference was a great success, in every sense.  This year’s Conference was centred on the theme of “Practical Aspects of International Boundaries and Sovereignty Disputes”. The

On Thursday 8 June, Volterra Fietta hosted its third and final Energy Breakfast Seminar in its London offices.  The seminar, held under Chatham House rules, was entitled “Energy transmission facilities: how have past disputes been resolved and how can future disputes be avoided?”. Two highly distinguished guest speakers, Mr Tim Martin (international counsel, expert and arbitrator

On 24 May, Volterra Fietta hosted its second Energy Breakfast Seminar in its London offices. The seminar, held under Chatham House rules, was entitled “Europe plots its course in the new energy landscape – international and domestic law in conflict?” and two highly distinguished guest speakers, Professor Catherine Redgwell of Oxford University and Mr Patrick Hébréard

On 26 January 2017, the High Court of England and Wales dismissed claims brought by Nigerian claimants against UK-registered Royal Dutch Shell Plc (“Shell”) and its Nigerian-registered subsidiary Shell Petroleum Development Company of Nigeria Ltd (“SPDC”).  On the same day, in Canada, the Court of Appeal for British Columbia permitted claims brought by Guatemalan claimants

The dispute In the last few months, the long-lasting dispute between Mr Pey Casado and the Foundation Presidente Allende (the “Claimants”) and the Republic of Chile (the “Respondent”) has seen numerous developments.  The case concerns the occupation and confiscation of the newspaper El Clarín by the Respondent following General Augusto Pinochet’s coup d’état in 1973

The Russian Federation (“Russia”) is one of the Arctic rim-States and possesses a long coastline and islands north of the Arctic Circle.   On 17 April 2017, Russia unveiled its new military base by providing a virtual tour of the base on the website of the Russian Ministry of Defence.   The new base, named Arctic Trefoil

On 17 March 2017 Professor Robert G. Volterra spoke at the ‘Negotiating Brexit’ conference at St. Hugh’s College, University of Oxford. The conference, organised by Professors John Armour and Horst Eidenmüller, brought together leading academics, practitioners and policymakers who are involved in “Negotiating Brexit”.  The focus of the event was the interests at stake for

On Thursday 11 May, Volterra Fietta hosted its first Energy Breakfast Seminar in its London offices.  The seminar, held under Chatham House rules, was entitled “In pursuit of energy stability – the changing shape of investment protection” and two highly distinguished guest speakers, Professor Peter Cameron of the University of Dundee and Mr Peter Rees

In the coming months, India is expected to terminate many if not all of the bilateral investment treaties (“BITs”) into which it has entered.  India intends to renegotiate its investment agreements on the basis of the new Model BIT which was published in 2015 (the “India Model BIT”) and which draws on the recent experiences

On 8 March 2017, the Romanian Parliament approved and referred for promulgation to the Romanian President a law approving the termination of the 22 bilateral investment treaties that Romania currently has in place with other Member States of the European Union (the “intra-EU BITs”). Romania will be the third country to terminate its intra-EU BITs,

On Friday 17 March 2017, Professor Robert Volterra will speak at a workshop at St Hugh’s College, University of Oxford on “Negotiating Brexit”.  Robert’s subject at the workshop will be “The impact of Brexit on the UK’s trade with other non-EU Member States, and in particular, whether the EU’s negotiated FTAs with third countries will

Volterra Fietta partner Professor Robert G. Volterra has been appointed the New Zealand Law Foundation 2017 International Dispute Resolution Fellow.  During the week of 27 February 2017, he will be giving a series of public and private lectures, seminars and press briefings on a wide range of public international law topics in Auckland and Wellington.

On 24 January 2017, the International Trade Committee of the European Parliament voted in favour of approving the Canada-European Union (“EU”) Comprehensive Economic and Trade Agreement (“CETA” or the “Agreement”).   After a nearly nine-year process of consultations, negotiation and legal review, the CETA therefore took one crucial step closer to its provisional entry into force.

As Volterra Fietta reported recently (read here), the Democratic Republic of Timor-Leste (“Timor-Leste”) and the Commonwealth of Australia (“Australia”) are engaged in compulsory conciliation proceedings as well as in two arbitrations.  The three proceedings, which are all being administered by the Permanent Court of Arbitration, are related to these States’ maritime dispute in the Timor

On 10 January 2017, the Democratic Republic of Timor-Leste (“Timor-Leste”) formally notified the Commonwealth of Australia (“Australia”) of its desire to terminate the 2006 Treaty between Australia and the Democratic Republic of Timor-Leste on Certain Maritime Arrangements in the Timor Sea (the “CMATS”).  The move is the latest development in the two States’ on-going maritime