Uncategorised

Volterra Fietta have been selected for Firm of the Year – Arbitration – England.  

On 6 December 2022 Graham Coop (Partner) will speak at the 46th Session of the International Energy Charter Industry Advisory Panel and Launch of EIRA 2022  which will be hosted by the Energy Charter Secretariat in Brussels. The topic of his presentation at the Panel will be “Impact of Climate Change on the World Economy” For

Graham Coop (Partner) of Volterra Fietta was recently cited in an article entitled “Investors Left Hanging As Europe Balks At Modernizing ECT”. The article, published on 23 November 2022 by Law360, can be found here.  

Graham Coop (Partner) of Volterra Fietta was recently cited in an article entitled “€190M Award Fans Flames Against Investor-State Arbitration”. The article, published on 14 September 2022 by Law360, can be found here.

On the 25th November 2022 Graham Coop (Partner), was a keynote speaker at the UPES Conference 2022  which was held at the Serbian Chamber of Commerce and Industry, Belgrade. The topic of his speech was “The modernised Energy Charter Treaty: Is the better the enemy of the good? For more details about the event, click

On 7 September 2022, Volterra Fietta hosted a virtual seminar on “Investment protection treaties and the clean energy transition”. To combat climate change, the transition towards clean and renewable sources of energy remains a leading priority around the world.  This is particularly so at a time when global events have focused attention on energy security

Gunjan Sharma, Partner at Volterra Fietta, recently contributed a chapter entitled “New Procedural Mechanisms for Investor State Arbitration as Found in 189 Recently Signed Treaties” in the recently-published book “International Arbitration in Times of Economic Nationalism”.  Through a comprehensive survey, the chapter analyses how States throughout the 2010s largely decided to make only immaterial changes to

On 27 July 2022, Volterra Fietta hosted a virtual seminar on “Arbitration in the Middle East – trends, developments and strategies”. Strong judicial and governmental support combined with strategic thinking is transforming the Middle East into a prominent global arbitration centre.  That process is accelerating as several regional hubs rapidly move towards diversifying their economies.

On 28 June 2022, Volterra Fietta hosted a virtual seminar on “Effectively Pleading Quantum in International Arbitration”. In an investor-State arbitration, it is vitally important to understand the quantum issues as early possible.  The very first pleadings to a Tribunal should set the stage for the debate on losses.  Unfortunately, many practitioners may not be

On 16 June 2022, Volterra Fietta hosted a virtual seminar on Fair and Equitable Deep Seabed Mining – sharing deep seabed mining’s financial and other benefits. Under the United Nations Convention on the Law of the Sea (“UNCLOS”) activities in the Area, i.e., the seabed and ocean floor and subsoil thereof beyond the limits of

  ​On 9 June Volterra Fietta hosted the virtual seminar on “dispute resolution under UNCLOS”. The disputes settlement system under the United Nations Convention on the Law of the Sea (“UNCLOS”) is one of the most complex and detailed dispute resolution systems in public international law.  It offers a diverse mix of processes, including both

  On 26 May, Volterra Fietta hosted the virtual seminar on “All at sea?  International law and the predicament of rising sea levels”. Rising sea levels represents one of the most serious consequences of climate change, in particular for low-lying and small island States.  By 2100, the Intergovernmental Panel on Climate Change predicts that global

On 23 May, Volterra Fietta hosted the virtual seminar on “Latest developments in gas contract disputes”. As everyone knows, energy markets are passing through a period of exceptional turmoil.  This is particularly so in the European context, but no part of the world is exempt. Volterra Fietta has been closely following the significant developments in

On 18 May 2022, Volterra Fietta hosted a virtual seminar on “Maritime boundary delimitation in practice”. Maritime boundary delimitation, or the process of dividing maritime areas between sovereign States, is a complex legal and technical process.  It is also one of the most important diplomatic processes relevant in the global economy today.  However, only a

On 27 April 2022, Angela Ha and Florentine Vos spoke at the 10th Annual Deep Sea Mining Summit, held in London.  The topic of their presentation was “Deep Seabed Mining: What’s next now that Nauru has pulled the trigger?”

On 21 April 2022, Volterra Fietta hosted the virtual seminar on “Deep seabed mining – mining for the green energy transition”. Deep seabed mining is a rapidly developing industry.  It is on the cutting edge of technology and, according to its proponents, has the potential to power the world’s energy transition, in a green and

On 14 April 2022, Volterra Fietta hosted the virtual seminar “Claiming the unclaimed:  the limits of the continental shelf beyond 200 nm”. The continental shelf is the largest maritime area within a State’s national jurisdiction. It is an area of increasing importance, commercially and otherwise. States have sole rights to drilling, fishing and mining on

  The international community has – with perhaps surprising frequency – established post-conflict international claims commissions as a way to de-politicise the settlement of conflict-affected economic and other disputes.  Historically, such claims commissions have included settling claims between: States involved in an armed conflict; States involved in an armed conflict and third States; States involved

 Deep seabed mining is a rapidly developing industry, on the verge of moving from the exploration phase to the exploitation phase.  As with any fast-growing industry, in particular, one involving many different private and public stakeholders, complex regulations, new technologies and large investments, disputes are likely to arise in the deep seabed mining sector.

 Artificial intelligence (AI) will soon become an essential aspect of all forms of space operations: from satellite services to space journeys involving astronauts. AI holds great potential in relation to numerous other aspects of space operations, including the control and locating of satellite mega-constellations, advanced telecommunications and end-of-life management. This Volterra Fietta webinar addressed

2022 marks another anniversary of the opening of signature of the 1982 UNCLOS.  40 years and nearly 170 State parties later, it still forms the basic legal framework for the law of the sea, covering issues from navigation, piracy and maritime boundaries. Volterra Fietta’s second instalment of its seminar series on UCLOS will consider title

More than 70 years ago, the International Court of Justice published its first order for provisional measures.  Provisional measures aim to protect rights under imminent threat and, as such, play a crucial role in the maintenance of international peace and security.  As the recent orders for provisional measures by the International Court of Justice demonstrate,

This was the first in Volterra Fietta’s four-part virtual seminar series that will explore different aspects of deep seabed mining. This first seminar discussed the effects of Nauru’s request to the International Seabed Authority (“ISA”) to finalise the deep seabed mining code, i.e., the regulations for the exploitation of minerals in the international seabed, by

On 16 September 2021, Armenia initiated proceedings against Azerbaijan before the International Court of Justice over violations of the International Convention on the Elimination of All Forms of Racial Discrimination (“CERD”) by Azerbaijani authorities.  On 23 September 2021, Azerbaijan commenced its own proceedings under the same basis, before the Court against Armenia.   Through its

A new gas crisis is underway in Europe.  Cold weather, a slowdown of domestic gas production and competition for LNG deliveries with Asian markets have engendered a spiral of gas price hikes throughout the last year.  Russia’s Gazprom seems to be either unable or unwilling to be a supplier of last resort to the EU. 

 This was the inaugural seminar in Volterra Fietta’s seminar series to commemorate the 40th anniversary of the United Nations Convention on the Law of the Sea (referred to as UNCLOS).   2022 marks another anniversary of the opening of signature of the 1982 UNCLOS.  40 years and nearly 170 State parties later, it still

On 16 December 2021, the United Kingdom signed an historic trade agreement with the Commonwealth of Australia, the first from ‘scratch’ UK trade deal since it left the EU.  The UK-Australia Free Trade Agreement is Australia’s second-largest trade treaty with another country and gives UK firms guaranteed access to bid for an additional £10 billion

This was the next part in Volterra Fietta’s continuing virtual seminar series on Space Law.   The possibility that space will be a completely demilitarised zone appears increasingly remote.  While international efforts to continue to prevent the militarisation of space, on the one hand, space continues to be used for a range of military applications –

The mining sector faces constant political challenges at both State and local levels. At this webinar, our experts gave an expert eye over recent arbitration awards.   Our speakers were:   Mr Robert Volterra, Partner at Volterra Fietta and visiting professor of law at University College London.  Mr Volterra advises and represents governments, international organisations

On 25 June 2021, the Republic of Nauru (“Nauru”) triggered a two-year countdown for the International Seabed Authority (the “ISA”) to finalise the regulations for the exploitation of minerals in the international seabed.  If ISA does not complete those regulations within two years, deep seabed mining contractors could commence exploitation based on provisionally adopted regulations.

Somewhat abruptly, the planet entered into a new and rapidly accelerating space race.  Latin America and the Caribbean have decided to join that race.   On 24 July 2021, the Ministers of Foreign Affairs of Argentina, Bolivia, Costa Rica, Ecuador, Paraguay and Mexico signed a joint declaration containing a draft constitutive convention establishing the Latin

The Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, adopted in Escazú, Costa Rica, on 4 March 2018 (the “Escazú Agreement”, the “Agreement”), entered into force on 22 April 2021. The Escazú Agreement is the first treaty focusing on the environment in Latin America

On 15 September 2021, the Mexican Ministry of Economy reported that it had successfully defended a claim brought by satellite giant Eutelsat in an arbitration before the International Centre for Settlement of Investment Disputes (“ICSID”).   According to media reports, Eutelsat’s claim related to the obligation Mexico had imposed on SatMex – which Eutelsat purchased

The United Kingdom (“UK”) is in the market for trade deals, with potential new benefits for a number of States and both inbound and outbound investors.  As of 1 January 2021, following its exit from the European Union (“EU”), EU trade agreements no longer apply to the UK.  It is now in the process of

Partner Graham Coop, together with a colleague, published an article in the BCDR International Arbitration Review entitled “Caught Between A Rock and COVID-19: Sharing the Pain of Onerous Oil and Gas Contracts in the Middle East”. The article can be found here.

This was the next part in Volterra Fietta’s virtual seminar series on Space Law.  Further seminars will be hosted in the first quarter of 2022 and will focus on Arms in Space and on Artificial Intelligence in Space.   The growing concerns regarding the protection of the environment are going beyond Earth and reaching outer

Starting in the 21st century, Indian investors began to expand their horizons, flocking the Latin American market in pursuit of attractive economic opportunities.  India now exports more to Central America than to the Central Asian States and more to Brazil and Mexico than to traditional partners, such as Russia, Canada or Egypt.   South-to-South investments

Volterra Fietta has been awarded “Firm of the Year – Arbitration – England” in the M&A Today Global Awards 2022.

We are are pleased to invite you to this seminar on 6 October 2021 at 9:00 AM – 10:00 AM BST   Join us for the third and final seminar in the Hybrid ‘Hot Topics‘ Seminar Series 2021. This seminar will focus on Public International Law, and will be co-hosted by Khawar Qureshi QC together with Peter Flint of Volterra Fietta.  

In recent times, a number of factors have brought a perfect storm to energy markets, particularly in the fossil fuel sector.  Not so many years ago, it was widely believed that increasingly difficult and expensive oil and gas exploration and production would cause prices to rise to the point of limiting consumption and, thereby, economic

For many years, natural gas – both piped and LNG – was typically sold under long-term contracts with prices regularly adjusted and indexed to market prices of so-called competing forms of energy.  While these competing energy forms have included electricity, coal and even firewood, a substantial component of the long-term gas price indexation has been

Partner Graham Coop has been invited to be a speaker at the NERA Insights Webinar on 21 September, in partnership with Paris Arbitration Week 2021. Graham will join a panel of distinguished speakers who will focus on the topic of Quantum Leap: Diving into the Quantification of Damages.  For more information about this event please

On 19 August 2021, Tisungane Makato will speak at a webinar on recent developments in international arbitration organised by the Commercial Bar Association of Malawi. The topic of his presentation is “Rethinking the proper law of an arbitration agreement in light of the Enka v Chubb”.

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. This proposal will be considered at a special session of the World Health Assembly in November. Since the early days of the COVID-19

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 be read in a

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 17 May 2021, the Dutch Government announced that it has initiated proceedings before a German Court to determine whether the ICSID claims bought by RWE and Uniper are inadmissible in light of the judgment in Slovak Republic v Achmea BV (“Achmea”). The outcome of the court proceedings initiated by the Dutch Government could be

Recent decisions issued by German, Dutch, Australian and Belgian courts regarding climate change have placed energy transition in the spotlight.  The decisions demonstrate future developments in the area of climate change litigation, and in particular, an increase in the frequency of this type of case.   Decision of the German Federal Constitutional Court In a

This is the second in a three-part series of webinars addressing gas price drivers and adjustment mechanisms in different regions of the world.  The first webinar, on the topic “Gas price drivers and adjustment mechanisms in Asia”, took place on 9 June 2021 and a recording of this webinar is available here https://vimeo.com/561328789.  The third webinar,

This virtual event will be hosted by the Faculty of Law at The University of the West Indies Mona.  Robert Volterra will be joining a panel of experts, speaking on the topic of Today’s Law of the Sea.  

This was the first in a three-part series of webinars addressing gas price drivers and adjustment mechanisms in different regions of the world.  The second and third webinars, to be announced shortly, will address gas price drivers and adjustment mechanisms in Europe and the Americas. Energy markets in Asia, and gas markets in particular, have

The speakers for this webinar were: Mr Kalekeni Kaphale SC, Senior Counsel at the Malawian bar and Partner at Kalekeni Kaphale Lawyers in Lilongwe, Malawi. He served as Attorney-General of the Republic of Malawi from 2014 to 2020. He has extensive experience advising and representing clients before Malawian courts and international courts and tribunals on

The 6 March 2018 judgment of the Court of Justice of the European Union in Slovak Republic v. Achmea is widely regarded as casting serious doubts on the compatibility with EU law of investor-State arbitration clauses in intra-EU BITs.  The precise scope of incompatibility, and the status of this decision in public international law, continue

Background On 17 December 2020 the Ukrainian Parliament adopted the draft law No. 3760 On State Support for Investment Projects with Significant Investments in Ukraine (the “Law”), which entered into force on 13 February 2021.[1] The Law is part of a package of draft laws seeking to incentivise high-value foreign investment.[2]   This investment promotion strategy

On 21 March 2018, the Agreement Establishing the African Continental Free Trade Area (the “Agreement”) was signed by 44 of the 55 member States of the African Union (the “AU”) at its 10th Extraordinary Summit, thereby creating a pan-African trade bloc.  After ratification by 22 countries, the Agreement entered into force on 30 May 2019.

On February 19, 2021 the Munich Security Conference (“MSC”), world’s leading forum for debating international security policy, organized a special edition event assembling world decision-makers such as Joe Biden, Angela Merkel, Emmanuel Macron and Boris Johnson to discuss transatlantic cooperation. Traditionally held in February, the MSC had to postpone its yearly held conference due to

Significant developments continue in the field of human rights and environmental litigation in the UK.  On 12 February 2021, the Supreme Court issued its unanimous judgment in Okpabi and others v. Royal Dutch Shell Plc and another [2021] UKSC 3, declaring that a claim brought by over 40,000 residents of two communities in the Niger

On 20 February 2021, the Framework Agreement on Facilitation of Cross-border Paperless Trade in Asia and the Pacific (the “Agreement”) entered into force.  The Agreement, a UN treaty adopted by the United Nations Economic and Social Commission for Asia and the Pacific (the “UNESCAP”), aims to promote cross-border paperless trade with a view to making

The growing demand for satellites and space activities has contributed to an ever-increasing scramble to obtain rights to the orbital slots and spectrum needed to engage in these activities. Moreover, in today’s highly evolving technological landscape, some suggest that there is a tension between allocating orbital slots and space spectrum to its most efficient use, while

In today’s globalised world, companies face increased scrutiny when seeking to create and maintain business activities.  This is particularly true for companies in the extractive industries such as mining.   Improving the sector’s economic image and creating responsible and profitable ventures has turned into one of the most difficult challenges faced by the mining industry. 

The urgent and genuine need to tackle climate change, coupled with commitments included in the Paris Agreement and States’ incentives, have bolstered significant investments in renewable projects.  As a knock-on effect, demand for cobalt and lithium has soared.  Those minerals are strategic and critical components for the production of rechargeable batteries used for renewable projects

Unfortunately, due to unforeseen circumstances, the virtual seminar on “The African Continental Free Trade Agreement: How does the AfCFTA align with existing African multi-lateral trade agreements?“, which was scheduled to take place on 1 April has now been postponed.   The seminar will now take place on 6 May 2021 at 14:00 BST.   All RSVPs for

On 25 March 2021, Angela Ha delivered a talk as part of the Young MUTE-OFF Thursdays networking and knowledge exchange series on “International investment law and its interaction with environmental and social issues: how States and tribunals have balanced the scales”.

On 7 December 2020, the Council of the EU adopted its first global human rights sanctions regime.  This followed the UK’s introduction of its own autonomous human rights sanctions regime in July 2020. Both regimes constitute significant developments.  They allow the UK and the EU to sanction individuals and entities – including State and non-State

This seminar took place on 17 March at 14:00 (GMT), and featured a Q&A session.   Our speakers were:   Jimena Blanco, Head of Americas at Verisk Maplecroft.  Jimena leads the Americas research team, with regional and thematic experts based in Argentina, Mexico, the US and UK. She is the Americas expert on Brazil and the

This was the last in a three-part virtual seminar series hosted by Volterra Fietta. The Arctic region offers increasing mining opportunities.  Mining in the Arctic however also has its own unique challenges, risks and legal complications.  This timely seminar examined recent developments and the future of mining in the Arctic from the perspective of the

This was the second in a three-part virtual seminar series being hosted by Volterra Fietta throughout January and February.  The third seminar will focus on the extraction of natural resources in the arctic region. Space technology and the space economy are rapidly developing, and therewith the potential to extract resources from space.  Space law has

Ever since there have been disputes and judges, parties have faced the decision whether to fight to the bitter end or to settle on agreed terms.  For each party, this decision involves weighing the values and probabilities of the different possible litigation outcomes, as that party perceives them, and comparing this with the settlement that

States and foreign investors are facing exceptional circumstances that raise a range of issues concerning the scope and application of international investment law protections. Throughout 2020, States have implemented unprecedented measures to respond to the COVID‑19 pandemic.  Shortly before this health emergency, protests had erupted on the streets of cities all around the world.  These

Is the proposed modernisation of the Energy Charter Treaty heading in the right direction?  This is an open and controversial question.  In a recent speech to the European Parliament, EU Energy Commissioner Kadri Simson put the ‘greening of the Treaty’ at the heart of the European Commission’s modernisation proposals.  In essence, one of the Commission’s

The COVID-19 pandemic has had significant global consequences on all manner of commercial expectations, both small and large.  This includes frustrating expected sales, cash flows and other flow of funds, thereby hindering the ability to make timely payments that were the foundation of significant commercial and industrial relationships.  Many contracting Parties have chosen to address

On 13 July 2020, an arbitral tribunal constituted under the Court of Arbitration for Sport, in Lausanne, Switzerland, set aside a prior decision of the Adjudicatory Chamber of the Club Financial Control Body of the Union des Associations Européenes de Football (UEFA) that had banned Manchester City Football Club from participating in European football for

On 7 July 2020, the United States notified the United Nations’ Secretary General, Antonio Guterres, of its withdrawal from the World Health Organisation (WHO), effective on 6 July 2021.  The withdrawal was issued unilaterally by the Executive Branch of the United States, after threats by President Trump to withdraw from the organisation based on his

On 4 September 2020, the High Court of Justice, Queen’s Bench Division (Commercial Court) issued a decision in The Federal Republic of Nigeria v. Process & Industrial Developments Ltd. [2020] EWHC 2379 (Comm).  In the judgment, Sir Ross Cranston granted Nigeria an extension of time to bring challenges under sections 76 and 68(2)(g) of the

In June 2020, The Gambia obtained the permission of the District Court of the District of Columbia, United States of America, to serve orders for document production and depositions (subpoenas duces tecum and ad testificandum) on Facebook to retrieve now-deleted Facebook posts that allegedly demonstrate the genocidal intent of officials of the Government of Myanmar

On 2 September 2020, Canada and the Netherlands issued a joint statement indicating their intention to intervene in the matter of the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), a case brought by The Gambia against Myanmar at the International Court of Justice, alleging

In May 2020, Rio Tinto, an Anglo-Australian multinational mining company and the world’s biggest iron ore miner, destroyed two ancient caves in Pilbara, Western Australia.  The decision sparked widespread condemnation from shareholders and the public. The caves in question were the Juukan Gorge rock shelters, which were regarded as one of Australia’s most significant archaeological

The worldwide COVID-19 pandemic, and the sanitary and other restrictions imposed by governments around the world as a result, have seriously complicated virtually every aspect of modern economic life.  Numerous business activities have become either impossible or uneconomic as a consequence of the fundamentally altered economic situation; some have by contrast become more profitable.  Many

Energy security and diversity are a topic of daily discussion in our newspapers and public spaces.  Scarcely a day goes by without a major development in relation to the sources of the world’s energy or the effects of its development or consumption.  As recent events in relation to the controversial Nord Stream 2 pipeline project

The Energy Charter Treaty, which was signed in 1994 and entered into force in 1998, is a multilateral treaty with over 50 parties, including the European Union and the vast majority of European and former CIS States, together with Japan, Turkey, Mongolia and other countries around the world.  It covers energy trade, transit, investment protection,

Driven by government schemes and the expectation of high returns on investment, renewable energies are clearly on the rise.  Recent studies indicate that wind and solar energies have doubled their share of global electricity generation since the Paris Agreement was signed in 2015.  For the first time, during the first half of 2020, renewables exceeded

This seminar addressed three current issues in respect of trade within and into Africa.  We addressed the current legal regime for cross-border investment into Tanzania with particular reference to the Netherlands-Tanzania bilateral investment regime.  Our guest speaker, Claudia Santos Cruz, who joined us from Lisbon, Portugal, talked about the recently ratified Portugal-Angola Agreement for the

Cross-examination is a vital part of any litigator’s toolkit.  An effective cross-examination can win or lose the case for a client.  Cross-examination in international arbitration is subject to its own particular challenges.  Arbitral cross-examination follows its own procedural norms and mores.  Counsel must also be aware of the fact that witnesses, and the members of