Charles De Leo’s Post

Lt. Cmdr. J.J. Foley – from the Navy JAG Corps' National Security Law Division – recently wrote about “Multi-Domain Legal Warfare: China’s Coordinated Attack on International Rule of Law” for the Lieber Institute for Law and Warfare’s Articles of War publication. Foley’s article draws on his experiences living in China as an undergraduate and graduate student, as well as serving with the People's Liberation Amy Navy on an exchange program as an ensign in 2012.   In the article, Foley argues that China’s legal warfare strategy is a five-domain affront on peace, stability, and international order. Further, he writes that, should the U.S. fail to identify and counter increasingly aggressive Chinese legal warfare, these illegal actions could establish new international norms adversarial to U.S. interests. To counter Chinese legal warfare, Foley believes the U.S. must build relationships across agencies, engage international stakeholders, and lead the development of a campaign to counter the misuse of the law. To read the entire article click on the link: https://lnkd.in/dPwQnkEa

Application to extend the mandate does not waive the right to challenge an arbitrator's ineligibility- Delhi High Court. Umaxe Projects Private Limited vs. Air Force Naval Housing Board (01.12.2023 - DELHC) : MANU/DE/8077/2023 By way of present petitions filed under Section 34 of the Arbitration & Conciliation Act, 1996 (hereafter, 'the A&C Act'), the petitioner seeks setting aside of the final arbitral Awards both dated 28.06.2023 (hereafter, 'the impugned Awards') which was delivered by Arbitral Tribunal comprising of Sole Arbitrator . 5. The primary ground for challenge pressed by the petitioner is the de jure ineligibility of the learned Sole Arbitrator to be appointed as an arbitrator being hit by Seventh Schedule of the A&C Act. It is contended that in terms of Section 12(5) of the Act, petitioner's participation in the arbitral proceedings will not preclude it from challenging the proceedings conducted by an inherently ineligible arbitrator, since only an express agreement in writing between the parties subsequent to the occurrence of the dispute, could waive off the party's right to challenge the appointment, which did not happen in this case. The court found that the petitioner's participation in the proceedings did not constitute an express agreement to waive this right, despite filing an application for an extension of the arbitral tribunal's mandate. The court emphasized that clear indication of awareness and conscious waiver is necessary for a party to forfeit its right to object. As a result, the #court allowed the petitions and set aside the awards. #arbitration #legalnews #highcourt #delhi #india #arbitrator

Did The Thai-American Amity Treaty Expire In 2005? https://lnkd.in/g-auzKds #Thailand #business #companies #businesses #corporation #incorporation #winddown #bankruptcy #corporatecompliance #corporate #law #corporatelaw #businesslaw #law #legal #Thai #company

The UN Convention on Contracts for the International Sale of Goods (CISG) applies to billions of dollars of goods contracts between the US and other countries and the United States. So are US courts finally starting to apply it? I recent empirical study shows that the opposite is happening. John Coyle has the details: https://lnkd.in/gaZ8hQuG #CISG

Apart from the King’s Speech we hear today with lots of Bills affecting the justice sector, Angus McCullough KC’s departure from the Shamina Begum trial has signalled the need to strike the right balance between the open fairness principle and national security in criminal justice. Note that this is not only applicable to a single case of revoking citizenship but also to many others cases involving anti-terrorism and immigration. Thank you Julia Budzynska and other folks for doing the edits! If you are interested about CMPs, please read more from this article I have written (the title is not showing up correctly unfortunately):

Exciting news! The next HILAC Lecture webinar is just around the corner! Are you interested in the Red Sea crisis and passionate about international law and maritime security? Mark your calendar for 20 March! Don't miss out on this opportunity to delve deeper into this critical topic! Register here: https://lnkd.in/dzreSaEP #RedSea #MaritimeSecurity #InternationalLaw

Two recent judgments of the High Court of England and Wales have taken conflicting approaches to important jurisdictional and procedural issues arising in the context of the recognition and enforcement of ICSID Convention awards in England and Wales. Jeremy Andrews, Charles Allin, and Dominic Olins consider the two judgments and identify key takeaways. Click on the link below to read the full article. #ICSID #HighCourt #England #Wales #Arbitration #Investmentdisputes

This week, we continue our exciting journey through International Law of the Sea at Harvard Law School, talking about the law and governance of Internal Waters, Ports, and the Territorial Sea. Lots of current examples to ponder, such as the Arab League-Qatar port "blockade," port state control, distress entry, Spector v. Norwegian Cruise Lines Sup. Ct. case on application of the ADA in US ports, the territorial sea and innocent passage, including the Black Sea Bumping Incident and the 2016 Iran seizure of two Riverine Combat Boats in the territorial sea of Farsi Island, Chinese and Russian warships in the US territorial sea in 2015, 2021, 2023, civil and criminal jurisdiction in the territorial sea, and the contiguous zone.

There were two big takeaways from today’s FARA conference: (i) DOJ will soon be proposing new FARA regulations that would narrow exemptions for commercial activity and (ii) the FARA Unit is particularly concerned about sovereign wealth funds and foreign litigation funding.

New Book Dives Deep into America’s Maritime Legacy. One of our latest nonfiction titles is published and available now. “While many freely toss around the term “Jones Act,” and cite it as the catalyst for decline of the U.S. Merchant Marine, few understand the true origins and evolution of our Nation’s domestic Maritime policy – culminating in the 100+ year-old Merchant Marine Act of 1920. Charlie Papavizas takes us back to decisions that our Founding Fathers made concerning maritime trade and skillfully walks us through every change of course as our young nation burst upon the international scene in the 18th, 19th, and 20th centuries. Rich with detail, Papavizas has produced a book that tells the story of America’s emergence as a maritime power and the reasons why we have so vigorously maintained control over our domestic trade. Your understanding of U.S. Maritime policy is incomplete until you read this superb volume.” –Hon. Mark H. ‘Buz’ Buzby, RADM, USN (Ret), Former Administrator, U.S. Maritime Administration #maritimehistory #maritimelaw https://lnkd.in/ewPvzTFp