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“Maduro Board” of the Central Bank of Venez. v. “Guaidó Board” of the Central Bank of Venez. (UKSC)

Published online by Cambridge University Press:  28 December 2022

Mubarak Waseem
Mubarak Waseem*
Affiliation:
Mubarak Waseem is a barrister at Essex Court Chambers, United Kingdom. He was junior counsel for the “Maduro Board” in the Commercial Court, the Court of Appeal and the Supreme Court. This note is drafted in a personal capacity only, and does not represent the views of any concerned party.
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Extract

On December 20, 2021, the U.K. Supreme Court (the Supreme Court) delivered a unanimous decision in the highly publicized Maduro Board v. Guaidó Board litigation. The decision partially overturned that of the England and Wales Court of Appeal (Civil Division) and is an important decision on both issues raised in the case: the recognition of governments and the “Act of State” doctrine. The first of those is examined in more detail in this note.

Type
International Legal Documents
Information
International Legal Materials , Volume 62 , Issue 1 , February 2023 , pp. 120 - 165
Copyright
Copyright © The Author(s), 2022. Published by Cambridge University Press on behalf of The American Society of International Law

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References

ENDNOTES

1 “Maduro Board” of the Central Bank of Venezuela v. “Guaidó Board” of the Central Bank of Venezuela [2021] UKSC 57 [hereinafter the Judgment] at [16].

2 Id. at [18]. More information about that policy was set out by the Supreme Court at [65]–[68].

3 Id. at [2].

4 Little “real” dispute, because although Guaidó Board accepted that what it called the “Maduro Regime” exercised some degree of control in Venezuela, it disputed the manner and extent of that control (Id. at [34]).

5 Id. at [35]–[36].

6 Deutsche Bank AG London Branch v. Central Bank of Venezuela; Banco Central de Venezuela v. Bank of England [2020] EWHC 1721 (Comm).

7 “Maduro Board” v. “Guaidó Board” [2020] EWCA Civ 1249 at [125]–[127]; [152].

8 The Judgment at [110].

9 Massimo Lando, Supremely Pragmatic: The UK Supreme Court's Judgment in “Maduro Board” of the Central Bank of Venezuela v “Guaidó Board” of the Central Bank of Venezuela, https://cil.nus.edu.sg/blogs/supremely-pragmatic-the-uk-supreme-courts-judgment-in-maduro-board-of-the-central-bank-of-venezuela-v-guaido-board-of-the-central-bank-of-venezuela-by-mas.

10 See, e.g., James Crawford, Brownlie's Principles of Public International Law 137 (9th ed. 2019); Robert Jennings and Arthur Watts, Oppenheim's International Law (9th ed. 2008), Vol 1: Peace at §50: “Recognition can be either express or implied.”

11 Crawford, id., p.143; Jennings and Watts, id., §46. There has been considerable variation in terminology as discussed in the Court of Appeal judgment (above, note 7) at [78]–[81] and Stefan Talmon, Recognition of Governments in International Law: With Particular Reference to Governments in Exile 59–94 (2001).

12 The Judgment at [98].

13 Id. [96].

14 Id. [93].

15 [2017] UKSC 3.

16 “Maduro Board” v. “Guaidó Board” [2022] EWHC 2040 (Comm).

17 [2022] EWHC 2702 (Comm).