OHL v Qatar Foundation and tribunal’s powers to correct awards and scope of permissible challenges – Atkin Chambers

‘Challenges were brought by a contractor (JV) under sections 67 and 68(2)(b) of the Arbitration Act 1996 (AA 1996) in respect of an addendum award (the Addendum) issued by an International Chamber of Commerce (ICC) tribunal. The Addendum was issued following an application by the employer to correct a fourth partial award. JV’s challenges were dismissed and the judge gave helpful guidance as to the scope of AA 1996, ss 67 and 68 and the scope of a tribunal’s power to correct and/or interpret its award. Written by Simon Lofthouse QC and Zulfikar Khayum, barristers, at Atkin Chambers, and counsel for Qatar Foundation.’

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Atkin Chambers, 6th July 2020

Source: www.atkinchambers.com

The luck of the law – when is criminal conduct a matter of concern to the international community? – 6KBW College Hill

Posted February 11th, 2020 in chambers articles, genocide, international courts, international law, news, torture by sally

‘Certain crimes transcend the territorial confines of any State and become a matter of concern to the world as a whole. In those cases, where a domestic prosecution is not likely or possible, other States or international courts may step in. Such crimes may qualify by the gravity of the acts themselves, as with genocide or crimes against humanity, or by the context in which they are committed, as in war crimes. Yet two recent cases – one in the UK, one at the International Court of Justice – demonstrate that external political factors can be equally determinative of whether a prosecution for the gravest of crimes will take place.’

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6KBW College Hill, 11th February 2020

Source: blog.6kbw.com

UK defies UN deadline to return Chagos Islands – The Guardian

‘Refusal to return archipelago to Mauritius “lawless” and “reflects colonial mindset” says barrister.’

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The Guardian, 22nd November 2019

Source: www.theguardian.com

International Criminal Court may investigate UK ‘war crimes cover-up’ – BBC News

‘The International Criminal Court could open its first investigation into the British military following a BBC programme about alleged war crimes.’

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BBC News, 18th November 2019

Source: www.bbc.co.uk

Now, a win for the Chagossians – UK Human Rights Blog

Posted March 6th, 2019 in Chagos Islands, colonies, international courts, international law, news by sally

‘The International Court of Justice has given a near-unanimous opinion that the separation in 1965 of the Chagos archipelago from the then British colony of Mauritius was contrary to the right of self determination, and that accordingly the de-colonisation of Mauritius by the United Kingdom had not been in accordance with international law. The ICJ held that Britain’s continued administration of the archipelago was an internationally wrongful act, which should cease as soon as possible.’

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UK Human Rights Blog, 4th March 2019

Source: ukhumanrightsblog.com

A Comparative Perspective to Hybrid Dispute Resolution Fora: Jurisdiction, Applicable Law and Enforcement of Judgments – 4 New Square

Posted December 12th, 2018 in courts, dispute resolution, enforcement, international courts, jurisdiction, news by sally

‘Lecture by Sir Rupert Jackson for the Qatar Conference on ‘The Promise of Hybrid Dispute Resolution Fora’ on 18th November 2018.’

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4 New Square, 19th November 2018

Source: www.4newsquare.com

International Court of Justice begins hearing on Britain’s separation of Chagos islands from Mauritius – Daily Telegraph

Posted September 4th, 2018 in Chagos Islands, international courts, international law, news, repossession by sally

‘Britain has apologised for the “shameful” way it evicted islanders from the Chagos archipelago in the Indian Ocean, but insisted Mauritius was wrong to bring a dispute over sovereignty of the strategic atoll group to the United Nations’ top court.’

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Daily Telegraph, 3rd September 2018

Source: www.telegraph.co.uk

Unified Patent Court: UK to be a member during Brexit transition – OUT-LAW.com

Posted August 10th, 2018 in courts, international courts, news, patents by sally

‘The UK government has revealed that a deal was struck earlier this year to enable the UK to participate in the new Unified Patent Court (UPC) system during any Brexit implementation period that might apply.’

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OUT-LAW.com, 8th August 2018

Source: www.out-law.com

ICC crime of aggression comes into effect without key signatories – The Guardian

Posted July 17th, 2018 in crime, international courts, news, treaties, war crimes by tracey

‘A crime of aggression, under which politicians and military leaders can be held individually responsible for invasions and other major attacks, comes into force at the international criminal court, reviving global legal powers last exercised at the Nuremburg and Tokyo war crimes trials of the 1940s. Claims alleging that armed force has been used against the “sovereignty, territorial integrity or political independence” of another state can, from Tuesday, be taken to the tribunal in The Hague.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

Improving UK Competitiveness, Strengthening the Rule of Law – Ministry of Justice

‘Dominic Raab addressed guests at the Policy Exchange in London for the launch of the Linklaters report ‘The Rule of Law: everyone has a part to play’.’

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Ministry of Justice, 7th December 2017

Source: www.gov.uk

The data protection bill is yet another legal threat to UK press freedom – The Guardian

‘Proposals to allow the information commissioner to assess journalists’ use of private information before publication could let the powerful off the hook.’

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The Guardian, 3rd December 2017

Source: www.theguardian.com

Equal Civil Partnerships: Implications of Strasbourg’s latest ruling for Steinfeld and Keidan – Helen Fenwick & Andy Hayward – UK Human Rights Blog

‘Equal civil partnerships divide opinions. For their proponents, access to such a status, and the legal benefits that follow, allows couples critical of marriage – whether same or different-sex – the ability to express their relationship through (in their view) a more appropriate, modern and egalitarian legal institution. Opponents question such a need in light of the availability of civil marriage, which has over centuries evolved and may not now necessarily be perceived as embodying the patriarchal or heteronormative values that its critics challenge. Calls for allowing different-sex as well as same-sex couples to enter civil partnerships in England and Wales have grown louder recently following the failed Equal Love case (Ferguson v UK), the production of several Private Members Bills and the on-going litigation in Steinfeld and Keidan v Secretary of State for Education, due to be heard by the Supreme Court in Spring 2018. The desire, however, for different-sex civil partnerships is not limited to this jurisdiction, and was recently explored for the first time by the Strasbourg court in Ratzenböck and Seydl v Austria. After exploring the background to this legal challenge, this post will critically analyse the reasoning of the Strasbourg Court and assess its implications for the challenge in Steinfeld.’

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UK Human Rights Blog, 21st November 2017

Source: ukhumanrightsblog.com

Rule of law in UK at risk after Brexit, says former supreme court president – The Guardian

‘The legal implications of leaving the EU have not been thought through, could overwhelm the supreme court and endanger the independence of the British judiciary, four senior retired judges have warned.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

No British judge on world court for first time in its 71-year history – The Guardian

Posted November 21st, 2017 in international courts, international relations, news, United Nations by sally

‘The UK will not have a judge on the bench of the international court of justice for the first time in its 71-year history after the British candidate withdrew following an acrimonious competition.’

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The Guardian, 20th November 2017

Source: www.theguardian.com

‘Violent’ Somali criminal wins £80k payout for being unlawfully detained for 445 days – Daily Telegraph

‘A “prolific and violent offender” has won £78,500 damages from the Home Office for being unlawfully detained.’

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Daily Telegraph, 10th November 2017

Source: www.telegraph.co.uk

Prisoners Will Finally Be Given The Vote, Say Reports – Rights Info

‘A limited number of prisoners will be allowed to vote ending the UK’s total ban on prisoners voting, according to reports.’

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Rights Info, 29th October 2017

Source: rightsinfo.org

Government reportedly planning to allow some UK prisoners to vote – The Guardian

‘The UK government is reportedly to scrap its blanket ban on prisoners being allowed to vote, 12 years after the European court of human rights ruled that it was unlawful.’

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The Guardian, 29th October 2017

Source: www.theguardian.com

Bridge is not a sport and can’t have tax break, says European Court of Justice – Daily Telegraph

Posted October 27th, 2017 in EC law, international courts, news, sport, statutory interpretation, VAT by sally

‘Bridge is not a sport, European Union judges ruled today, in a decision that dealt a blow to British clubs’ hopes of a VAT tax break.’

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Daily Telegraph, 26th October 2017

Source: www.telegraph.co.uk

Conscientious objection again: Adyan v Armenia – Law & Religion UK

‘In Adyan and Ors v Armenia [2017] ECHR 882, four Jehovah’s Witnesses had been convicted and imprisoned for refusing to perform either military or alternative civilian service.’

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Law & Religion UK, 16th October 2017

Source: www.lawandreligionuk.com

Brexit and Data Protection – Panopticon

‘Data protection lawyers and specialists have long been used to their area of expertise being treated as a rather mould-infested and irritating area of the law, like champerty but with more Schedules. Amongst other things, Brexit seems to have caused a bit of an upsurge in interest in how cross-border data flows are going to be managed in the brave new world. (Panopticon has seen articles in the last few months mentioning the GDPR and data protection after Brexit in the LRB and Private Eye, which is a bit like unexpectedly finding your girlfriend on page 3 of the Sun and the New Left Review on the same day.) HM Government have also recognised the importance of the issue, and have today published their position paper entitled ‘The exchange and protection of personal data’.It is fair to say that the 15 pages that you print off are not ram-packed (to use Mr Corbyn’s famed train-based term) with unexpected surprises, or indeed a huge amount of detail. There will doubtless be complaints about this, but to be fair, what the UK would like from the EU in the data protection is hardly rocket science. It spends a good deal of space explaining the importance of ensuring good levels of data protection, and enabling cross-border data flows, whilst also making quite an effort to emphasise how keen the UK has been, and still is, on being at the forefront of data protection. It even suggests that the DPA 1998 implemented the Directive beyond the minimum required; perfectly fairly it points out that the DPA didn’t have to cover law enforcement data processing but chose to do so, and surely our European friends will not be so impolite as to note, for example, the need for the Court of Appeal to strike down bits of the DPA as not properly implementing the Directive in Vidal-Hall…’

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Panopticon, 24th August 2017

Source: panopticonblog.com