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Talks

Penelope Nevill recently delivered talks in Istanbul and Florence on the public international issues affecting the proposed gas pipeline through the Caspian Sea between Turkmenistan and Azerbaijan.   

  •  "Caspian Sea Legal Study: The proposed pipeline between Turkmenistan and Azerbaijan" at the CIS Oil And Gas Transportation Conference: Strengthening The Oil And Gas Links Between the CIS, Europe And Asia, 13th Annual Meeting, 25-27 October 2011, Istanbul. The presentation explained the public international law issues arising from the proposed trans-Caspian Sea gas pipeline to an audience comprising government representatives from the CIS and Russia, industry and the EU Commission.

  • "EU-Caspian Basin Legal Issues: The Use of Law for Strategic Ends - The proposed pipeline between Turkmenistan and Azerbaijan & EU-Iran Sanctions Law". This was the keynote speech at the EU Energy Law and Policy Workshop, Florence School of Regulation, EUI. The presentation summarised the public international law issues arising from the proposed trans-Caspian Sea pipeline, how the legal analysis influenced the political and legal process at EU level and the relationship between EU policy and initiatives on the pipeline and the EU's Iran sanctions regime, for an audience of academics, practising lawyers and representatives of industry and regulatory authorities.

Michael Ashcroft QC and Simon Milnes have been invited to speak at a seminar hosted by Nanyang Technological University in collaboration with the Singapore Shipping Association. The seminar takes place in Singapore on 9 November 2011.

The Members of 20 Essex Street, in association with the British Institute of International and Comparative Law, are proud to present an afternoon seminar to celebrate Sir Elihu Lauterpacht's 60 years of distinguished practice in international law. Leading practitioners and academics in the field, from amongst 20 Essex Street's members in the United Kingdom and overseas, will present papers on the latest developments in international law followed by discussions.

The following members of Chambers will be participating in the seminar and discussions: Sir Elihu Lauterpacht CBE QC LLD, Iain Milligan QC Sir Daniel Bethlehem KCMG QC, The Honorable Charles N. Brower, Sir Michael Wood KCMG, Professor David D. Caron, Professor Guglielmo Verdirame, Professor Stefan Talmon, Penelope Nevill, Professor John Dugard and Professor Donald M. McRae.

• The availability of interim relief to support proceedings is an important weapon for a litigant in a commercial dispute.

• This presentation will consider:

• The scope of interim relief:

• Support of English court proceedings

• Support of foreign court proceedings

• Support of arbitral proceedings

• Aims of interim relief

• Different forms of interim relief and recent developments:

• Freezing injunctions and associated ancillary relief

• Disclosure from non-parties to proceedings

• Anti-suit injunctions

"The consultation process on the proposal to establish a pan-European unified law of contract is gathering pace. Various political bodies have indicated that the wheels should be set in motion for the implementation of this project by the end of 2011. Reactions have been mixed, with British lawyers being, on the whole, negative about the proposals; but momentum seems to be gathering nonetheless. This talk will address:
- What are the proposals?
- How have these proposals come about?
- What would be the benefits of having a European law of contract?
- What would be the risks of having a European law of contract?
- What does the future hold?"

This talk will be given to the North of England P&I Club in Newcastle on 22 June 2011 and covered the following issues:

  • The effect of worldwide freezing order

          - Infringement of property rights

          - Infringement of privacy

  • The power of the Court to make a freezing order
  • English Court's jurisdiction over defendant
  • Injunction in support of Arbitration
  • S25 Civil Jurisdiction & Judgments Act
  • Protection of the respondent

          - Duty of full, frank and fair disclosure

          - The undertaking in damages

          - Respondent's right to know what the court was told

          - Exceptions to the order

          - Use of information obtained under a freezing order

          - Obligation to press on with action

  • What must be proved by claimant

          - Good arguable case

          - Real risk respondent will seek to make himself "judgment proof"

  • Committal proceedings

This talk was given  to Wedlake Bell on on 31 May 2011, and covered the following issues:

  • What is an anti-suit injunction and why is it needed?
  • Precedent order
  • General principles
  • English court's jurisdiction to restrain proceedings abroad
  • Arbitrators' power to grant anti-suit injunction
  • Contractual anti-suit injunctions
  • Significance of the seat of an arbitration
  • Anti suit injunctions and European law
  • The limits of the Front Comor

  • What the applicant must prove in non contract cases
  • Procedure

          - Duty of full, frank and fair disclosure

          - The undertaking in damages

          - Respondent's right to know what the court was told

- Competition issues for brands under articles 101 and 102 of the Treaty of the Functioning of the European Union.
- Competition issues in relation to exclusive and selective distribution agreements, and franchise agreements.

The Vienna Convention on Diplomatic Relations (VCDR) rests on the basic premise that diplomatic relations are conducted between sovereign and independent States represented by their governments. Civil war-like situations in Libya and the creation of secessionist entities in Northern Cyprus, Abkhazia, South Ossetia or Somaliland have given rise to the question to what extent States can conduct 'diplomatic relations' with the local de facto authorities exercising effective control over part of a State's territory but not recognized internationally as a new State or the government of an existing State. The paper examines the relationship between diplomatic or quasi-diplomatic relations and recognition of new States and governments in international law. It shows how States have used such relations to influence the political developments in a country and mediate in the conflict between the parties. Although not directly governed by the VCDR such quasi-diplomatic relations are closely modelled on formal diplomatic relations conducted between States within the framework of the VCDR which provides guidance on matters such as privileges and immunities of diplomatic envoys sent to local de facto authorities.