Inter-State Arbitration

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Some Preliminary Thoughts on Ghana’s Announced Recourse to 1982 LOSC Arbitration in the Maritime Boundary Dispute with Togo

March 4, 2026

On 20 February 2026, Ghana, in a press release, formally notified the Government of Togo of its decision to submit their unresolved maritime boundary dispute to arbitration under the 1982 United Nations Convention on the Law of the Sea (henceforth: 1982 LOSC). After the lapse of almost a decade during which negotiations, joint technical committees and high-level political consultations took place, Accra concluded that diplomatic efforts had reached an impasse. In a statement issued by the Presidency, spokesperson Felix Kwakye Ofosu explained that arbitration was necessary “to avoid an escalation of incidents that have created tensions between some of our institutions and to promote an amicable resolution”.

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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…

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Seizing Russia’s Frozen Assets: Quis iudicabit?

January 24, 2024

As 2024 begins, negotiations on further financial assistance to Ukraine have stalled on both sides of the Atlantic. As a consequence, Western policymakers now increasingly consider confiscating Russia’s frozen assets as a possibility to circumvent the political deadlocks that are blocking further financial aid. Russia, on its part, has…

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Non-Signatory Enforcement of Arbitration Agreements Under the New York Convention: the U.S. Supreme Court Weighs In

July 9, 2020

On June 1st, 2020, the United States Supreme Court (“the Court”) issued a unanimous decision in G.E. Power Conversion France SAS Corp. v. Outokumpu Stainless USA, LLC, holding that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or the “Convention”) does not prohibit non-signatories from enforcing international arbitration agreements under…

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UNCITRAL and ISDS Reforms: What Makes Something Fly?

February 11, 2020

  When conducting an international negotiation, the Chair has to ask him or herself: what makes something fly? This question really has two parts. The first concerns the negotiations themselves. Once you’ve taken off and achieved a certain cruising speed and altitude, how do you keep the momentum going? Will some flight paths be smoother than…

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