Publications

Fishing in Uncharted Waters: The First Ever Arbitral Award Under the EU-UK Trade and Cooperation Agreement

This article examines the first arbitral award rendered under the EU-UK Trade and Cooperation Agreement (TCA), prompted by the UK’s prohibition of sandeel fishing in English and Scottish waters. It analyses the tensions between regulatory autonomy and treaty-based obligations, with particular attention to the role of scientific evidence, the principle of proportionality and allegations of discrimination. The tribunal’s reasoning, which upholds the Scottish ban while identifying procedural deficiencies in the English measure, sheds light on the dynamic relationship between environmental protection and international trade law. The article further considers the award’s procedural innovations and reflects on its broader implications for the future operation of dispute resolution mechanisms under the TCA.

Released on Nov 21, 2025

Attacks on the rule of law and the threat to business and human rights

The rule of law (ROL) is essential for effectively implementing the UN Guiding Principles on Business and Human Rights (UNGPs). It faces serious and growing global threats. Attacks on the ROL that weaken protections against and increase the likelihood of business-related human rights abuse will lead to the undermining of global economic, environmental and social stability. The formation of a broad coalition to defend the ROL and uphold business commitments to respect human rights would help to address these risks.

Released on Nov 21, 2025

Introduction to the IBA Business Human Rights Committee e-Bulletin (continued)

An introduction to the IBA Business Human Rights Committee e-Bulletin, released in November 2025. This follows on from the introduction in the e-Bulletin email.

Released on Nov 21, 2025

Better Late Than Never: Pakistan Attempts Arbitration Reform

Domestic arbitration in Pakistan is still governed by the Arbitration Act, 1940 even though both India and Bangladesh repealed and replaced that law in 1996 with new statutes based on the UNCITRAL Model Law. However, in 2023, Pakistan initiated a formal reform process which has resulted in a new Draft Act. The Draft Act is based upon the Model Law and yet differs significantly from it. For example, the Draft Act does not deal with foreign arbitrations at all but instead deals only with domestically seated arbitrations (albeit both international and purely domestic arbitration). The article examines, and tries to explain, the various choices made in preparing the Draft Act. In broad terms, those choices were driven by the need to make the Draft Act comprehensible and practically workable in the particular context of Pakistan. For example, the Draft Act provides different standards of review in relation to purely domestic awards as opposed to domestically seated international awards. This is because the needs of sophisticated business consumers are quite different from those of the average unsophisticated Pakistani. The Draft Act also tries to pre-empt practical concerns regarding implementation by establishing minimal institutional frameworks for arbitral appointments and oversight.

Released on Nov 20, 2025