International Tribunal Procedure

Page 1 of 5

Filter category

Feature post image

One Step Forward, Two Steps Obscure: Jurisdiction over External Rules in M/T Heroic Idun (No.2)

June 18, 2026

On 27 May 2026, the ITLOS Special Chamber rendered its judgment in M/T Heroic Idun (No. 2). Brought by the Marshall Islands against Equatorial Guinea, the case concerns the lawfulness of the latter’s arrest and detention of the vessel and its crew. At first glance, the case appears to fall squarely under UNCLOS, as it revolves around key law of the sea principles, such as freedom of navigation, exclusive flag State jurisdiction, coastal States’ obligations in the EEZ. However, the parties’ invocation of external human rights and maritime treaties presented the Special Chamber with a welcome opportunity to revisit a long-standing question: to what extent do UNCLOS tribunals have jurisdiction over external rules? This post discusses where the Special Chamber offered clarity, and where its approach leaves notable inconsistencies and uncertainties.

Read more

Time, Form, and Coalitions: Reflections on the 53rd Session of UNCITRAL Working Group III

February 13, 2026

The 53rd Session of UNCITRAL Working Group III (WGIII), held in mid-January 2026 in New York, marked another modest but revealing step in the long road toward reforming investor–State dispute settlement (ISDS). The meeting delivered some progress, particularly in clarifying what kind of legal instrument(s) might eventually emerge from the cluster of partially linked reform options grouped together for discussion…

Read more

The Empire Strikes Back: Russia’s Procedural Offensive Before International Courts and Tribunals

January 30, 2026

In the immediate aftermath of the Russian invasion on 24 February 2022, Ukraine and its allies turned to international adjudication with remarkable speed and intensity. This early legal mobilisation enabled Ukraine to seize the legal narrative surrounding the conflict, ‘using its smart-power assets in a case where there’s a hard-power disadvantage and the rule of law is…

Read more

Reassessing Consent in Counterclaims: Rebalancing Investment Protection and Public Interest under the UNCITRAL ISDS Reform

November 27, 2025

In mid-2025, the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WGIII) released a new set of Draft Provisions on Procedural and Cross-Cutting Issues, as part of its ongoing reform of investor-state dispute settlement (ISDS), which aims at addressing long-standing concerns about the fairness, balance, and effectiveness of the current system. One of…

Read more

Dripping Water Wears Through Stone: Convention on the Establishment of the International Organization for Mediation Signed in Hong Kong, China

July 15, 2025

On May 30, 2025, the Convention on the Establishment of the International Organization for Mediation was signed in Hong Kong, China, with 33 States as the founding parties. Led by China, the International Organization for Mediation (IOMed) represents the first permanent inter-governmental dispute settlement organization dedicated to mediation. Before the IOMed era, China had already demonstrated…

Read more