Foley Hoag LLP client the Republic of Armenia has prevailed over the Republic of Azerbaijan for the second time in just over a year in two new orders on provisional measures issued by the International Court of Justice (“ICJ”) in cases brought by the parties against one another under the International Convention on the Elimination of All Forms of Racial Discrimination (“CERD”). The decisions were delivered on February 22, 2023.

Armenia filed this second request for provisional measures following Azerbaijan’s orchestration and support of a road blockade interrupting the flow of persons, vehicles and cargo along the Lachin Corridor linking Nagorno-Karabakh to the outside world.

In its Order, the Court noted that the conditions for the indication of provisional measures had been met and concluded that “Azerbaijan shall, pending the final decision in the case and in accordance with its obligations under CERD, take all measures at its disposal to ensure unimpeded movement of persons, vehicles and cargo along the Lachin Corridor in both directions.”

In stark contrast, the Court unanimously rejected the provisional measures requests made by Azerbaijan concerning Armenia’s alleged laying of landmines in the Republic of Artsakh and surrounding territories.

“The Order of the Court creates international legal obligations that Azerbaijan must comply with immediately. Our hope is that Azerbaijan will not disregard these binding obligations and ensure the restoration of the status quo ante,” said Foley Hoag partner and Global Co-Chair of the International Litigation & Arbitration Department Constantinos Salonidis.

The ICJ had earlier sided with Armenia in the parties’ first round of requests for provisional measures, in Orders issued on December 7, 2021.

Foley Hoag leads Armenia’s defense in these proceedings. The firm’s team of lawyers on these cases is headed by partner Constantinos Salonidis, senior counsel Lawrence Martin, and special counsel Pierre d’Argent, and includes partners Joseph Klingler, Christina Hioureas, and Diana Tsutieva, and associates Peter Tzeng, Iulia Padeanu Mellon, Natalia Tchoukleva, Amir Farhadi, Diem Huong Ho, Yasmin Al Ameen, Nour Nicholas, Harout Ekmanian, and Juan Pablo Hugues. Professors Sean Murphy of George Washington University Law School, Robert Kolb of the University of Geneva Faculty of Law, and Alexander Sicilianos of the University of Athens, as well as Alison Macdonald KC of Essex Chambers, are part of Armenia’s legal team.

Foley Hoag specializes in the representation of sovereign States in disputes with other States and foreign investors before international courts and arbitral tribunals. It has been ranked by Chambers and Partners Global 2023 in Band 1, the highest rating given, for 12 consecutive years.