United Kingdom: International Courts & Tribunals

When a parent takes a child abroad for a holiday with permission but refuses to return them to England or Wales at the agreed time, it may constitute international parental child abduction. Understanding the legal distinction between wrongful removal and wrongful retention is critical, as is knowing what immediate steps to take when a child has not been returned as agreed.

The UK Supreme Court's narrow 3-2 decision in The Kingdom of Bahrain v Shehabi denies state immunity to foreign governments accused of remotely hacking individuals within UK territory, establishing that cyber surveillance operations causing harm to UK residents fall outside traditional immunity protections. This landmark ruling clarifies the territorial tort exception under the State Immunity Act 1978 and may expose foreign states to liability for state-sponsored cyberattacks targeting UK-based individuals

When a defendant resides outside England and Wales, serving legal proceedings becomes significantly more complex, requiring court permission, diplomatic channels, and compliance with foreign jurisdictions' laws. A recent case involving service in Dubai demonstrates how courts are adapting to modern communication methods, including the novel use of Instagram for legal service when traditional methods prove impractical.

The UPC Court of Appeal has issued guidance on exercising international jurisdiction over European Patents from non-UPC countries, establishing that principles of comity must govern how validity and infringement issues are determined.

As multilateral systems face growing strain and institutional legitimacy faces fundamental challenges, this session examines how international law is made, contested and enforced when major powers selectively invoke norms and traditional governance anchors lose influence. The discussion maps structural challenges confronting international law and asks whether states should rebuild institutions, create new ones or rethink the foundations of global governance.

The session was supported by the UK Ministry of Justice's GREAT Legal Services campaign and featured a keynote address from Mark Evans, President of the Law Society of England and Wales.

The UK Supreme Court clarifies limited appeals of arbitration awards under section 69, emphasizing mitigation principles in damages law. Practical advice includes early legal consultation and diligent mitigation strategies.

Counsel Connect Interview – Navigating the Geopolitical Waters of 2024

On 11 March 2024, the International Centre for Settlement of Investment Disputes (ICSID) published its most recent Background Paper on the annulment remedy under the ICSID...