The Energy Charter Treaty gives investors from one state party who invest in another the right to make a claim against the host state. The investor can make the claim by arbitration or in the host state’s courts. Most investors choose arbitration. But in Moldova v Komstroy the Court of Justice of the European Union said that arbitration is not available…
Twenty-six minutes into the United Rugby Championship quarter final on 6 May, Bulls’ flanker Cyle Brink was sin-binned for taking out an opponent who was waiting for a try-scoring pass. Should there have been a penalty try? The laws say: ‘A penalty try is awarded if foul play by the opposition prevents a probable try from being scored, or scored in a better position.’ Did the foul prevent the try?
where the Supreme Court blocked Irish ratification of CETA, the Canada-EU investment treaty. My post on Kluwer Arbitration Blog looks at the legislative cure the Supreme Court suggested (more defences to enforcement) and implications for the Energy Charter Treaty.
Tomorrow, 6 December, is the 100th birthday of the state now called Ireland 🇮🇪. Is its neighbour, the United Kingdom of Great Britain and Northern Ireland 🇬🇧, also 100 years old tomorrow? For both, a century of unbroken democracy is something to celebrate. It took 15 years for Ireland to adopt its current name, and 5 years for the UKofGB&NI….
Paper presented to Chartered Institute of Arbitrators Irish Branch Construction Contracts Act Conference 13 July 2022 It’s hardly surprising that Ireland’s Construction Contracts Act 2013 differs from some similar legislation elsewhere. I like some of its particular features, such as— Adjudication is a free-standing statutory process. This is more clear, straightforward, and honest than writing adjudication into contracts as a…
A different way to buy construction has been used for more than 30 years with good results. Will it catch on in Ireland?
Are you allowed to hold or attend religious services in Ireland?
And why is the answer obscure?
Yesterday, England and Wales welcomed its (at least) 98th Master of the Rolls, Sir Geoffrey Vos. As long ago as 2018 he extolled ‘telepresence’ videoconferencing, and argued for judges and lawyers to be trained in tech. The office goes back to 1286 or earlier — which doesn’t seem much longer ago than 2018. It was already old when Thomas Cromwell…
On 2 January, a Saturday, Georgia Secretary of State Brad Raffensperger reluctantly got on an hour long conference call with US President Donald Trump. What can we learn?
Ireland’s recent civil justice review proposes new barriers limiting access to judicial review of public decisions and actions.