China submits backdoor arguments in South China Sea dispute

China has submitted a legal brief outlining why it refuses to participate in an arbitration with the Philippines over maritime boundaries in the South China Sea, arguing that it would involve the tribunal determining matters of territorial sovereignty that are not covered by the UN Convention of the Law of the Sea.

One of the Spratly Islands which form the basis for China’s jurisdictional arguments

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Panel rules in Indonesian bank bailout case

In an award that both sides are hailing as a victory, an UNCITRAL panel has found that Indonesia’s criminal prosecution of a Saudi investor breached international law but that his negligence in supervising a bailed-out bank means he is not entitled to treaty protection.

Bank Century was bailed out by the Indonesian government in 2008

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Mauritius Convention to extend application of UNCITRAL transparency rules

A newly adopted United Nations Convention on Transparency in Treaty-based Investor State Arbitration – to be signed in Mauritius in March – is due to extend the application of the UNCITRAL transparency rules that came into force earlier this year.

Port Louis, the capital of Mauritius where the convention’s signing ceremony will take place

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Be harsh on unmeritorious challenges, Kaplan tells courts

Neil Kaplan QC used a keynote speech at the Mauritius International Arbitration Conference to call for courts to take a harsher approach to unmeritorious challenges to awards at the enforcement stage.

The beach at Flic en Flac, where the conference took place

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