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

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 the doctrine of equitable estoppel. The Court’s decision adds to a global body of case law that has affirmed the ability of non-signatories to enforce arbitration agreements, and its approach largely mirrors a 2006 Recommendation issued by the United Nations Commission on International Trade Law (UNCITRAL) on the proper interpretation of the Convention. However, the Court avoided addressing contentious choice-of-law questions and the role of the principle of consent in establishing the scope of arbitration agreements. These issues remain to be taken up by lower courts. Background Outokumpu USA is a U.S.-based subsidiary of a Finnish steel company that operates a stainless-steel plant. In 2007, Outokumpu entered into a series…

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Shelter from the Storm? The International Legality of Granting Migratory Rights to Hong Kongers

Introduction This post analyses the international legality of States granting migratory rights to Hong Kongers.  The post mainly focuses on the United Kingdom’s proposal to grant persons with British National (Overseas) (BN(O)) status the right to live and work in the UK for up to five years, but also considers the legality of similar proposals from…

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The EU Judiciary After Weiss – Proposing A New Mixed Chamber of the Court of Justice: A Reply to Our Critics

A few weeks ago, we published a proposal, in the form of a Position Paper, for the creation of a Mixed Chamber at the Court of Justice as a means, in part, of addressing the issues highlighted by the May 5th Weiss decision of the German Constitutional Court. This Chamber, to be composed of sitting members of the…

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The ICJ and nuclear disarmament: towards a universal obligation?

Today is the anniversary of the ICJ’s Nuclear Weapons Advisory Opinion. We would like to revisit, and invite readers to reflect on, one particular conclusion (not discussed in previous posts on the Marshall Islands cases here, here, here), contained in operative paragraph 2 F (§ 105) of the Opinion: “(t)here exists an obligation to…

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ESIL Research Forum in Tallinn, Estonia in May 2011

After the excellent recent conference in Cambridge, the next event of the European Society of International Law will be the 4th ESIL Research Forum, to be held on 27-28 May 2011 in Tallinn, Estonia. The call for papers is here. The deadline for the submission of abstracts…

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Are You Ready for a Pandemic? The International Health Regulations Put to the Test of Their ‘Core Capacity Requirements’

Legal analyses of the Covid-19 pandemic have mainly addressed measures adopted in response to this event. However, institutional agendas related to disasters, such as the Sendai Framework for Disaster Risk Reduction 2015-2030, reaffirm that similar attention should be paid to prevention and preparedness measures that…

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UN Human Rights Council Brings to an End the First Cycle for Universal Periodic Review

Today marks the beginning of the 19th session of the Human Rights Council, scheduled to run from February 27 to March 23, 2012. This session will also mark the official end of the first cycle of the Universal Periodic Review mechanism, which has seen all 193 member…

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Obama’s Counter-Terrorism Speech: A Turning Point or More of the Same?

Gleider I Hernández is Lecturer in Law, University of Durham. The author is grateful to Dr Philippa Webb, Professor Michael Schmitt and Thomas Liefländer for their exchanges of views on this topic. The 2012 revelation that United States President Barack Obama was immersed in…

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Catalonia’s Independence: A Reply to Joseph Weiler

Nico Krisch (Hertie School of Governance, Berlin & IBEI, Barcelona) Joseph Weiler's polemic on Catalan independence has certainly stirred up debate (see the comments on the piece), which is always helpful. But as much as I admire much of…

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Do the containment measures taken by Italy in relation to COVID-19 comply with human rights law?

Italians, like the citizens of other democratic countries in times of peace, have learned to take for granted certain civil liberties and freedoms, such as the freedom of movement and assembly. It suddenly became evident to them that the enjoyment of these rights can be limited as the…

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