Arbitration Pursuant To The Asylum Partnership Agreement (The Republic of Rwanda v. The United Kingdom of Great Britain and Northern Ireland)

Hague; June 2026: By Notice of Arbitration dated 24 November 2025, the Republic of Rwanda commenced arbitral proceedings against the United Kingdom of Great Britain and Northern Ireland pursuant to Article 22 of the Agreement between the Government of the Republic of Rwanda and the Government of the United Kingdom of Great Britain and Northern Ireland for the Provision of an Asylum Partnership to Strengthen Shared International Commitments on the Protection of Refugees and Migrants and the PCA Arbitration Rules 2012.

The Permanent Court of Arbitration acted as Registry in this arbitration pursuant to Article 1(3) of the PCA Arbitration Rules.

Issuance and Publication of the Award –

On 15 May 2026, the Tribunal constituted under Article 22 of the Agreement between the Government of the Republic of Rwanda and the Government of the United Kingdom of Great Britain and Northern Ireland for the Provision of an Asylum Partnership to Strengthen Shared International Commitments on the Protection of Refugees and Migrants (“Asylum Partnership Agreement”) and the PCA Arbitration Rules 2012, issued its Award.

The dispute concerned Rwanda’s claims that the United Kingdom failed to comply with its obligations under Articles 18 and 19 of the Asylum Partnership Agreement and the financial arrangements made pursuant to Article 18 of the Asylum Partnership Agreement, agreed by the Parties, through the exchange of notes verbales on 20 June 2024.

At the hearing, on 20 March 2026, the Republic of Rwanda made the following Final Submissions:

For the reasons explained by the Republic of Rwanda in its Statement of Claim, its Reply and during the oral hearings, the Republic of Rwanda requests this Tribunal to:

• DECLARE that £50 million for Year 2 remains due and payable to Rwanda under paragraph 2.3.2 of the 2024 Finance Note;
• DECLARE that the United Kingdom is in breach of paragraph 2.3.2 of the 2024 Finance Note for failing to pay £50 million for Year 2 within 10 days of 13 April 2025;
• DECLARE that the United Kingdom is obliged to make payment for Year 3 of the Agreement in the amount of £50 million (alternatively, adjusted pro rata to £10.4 million to reflect the Agreement’s termination on 16 March 2026);
• DECLARE that the United Kingdom is in breach of Article 18 of the Agreement;
• ORDER that the United Kingdom pay Rwanda all outstanding sums;
• DECLARE that the United Kingdom is in breach of Article 19 of the Agreement;
• ORDER the United Kingdom to pay Rwanda compensation for its breach of Article 19 of the Agreement in the sum of £6 million (alternatively, ORDER the United Kingdom to provide Rwanda with an apology for said breach);
• RDER pre- and post-award interest on any sums that are due to Rwanda; and
• AWARD Rwanda any further and other relief that the Arbitral Tribunal considers appropriate (such as an order that the Parties negotiate the modalities of compensation due under Article 19, as set out in paragraph 63 of the Reply).

At the same hearing, the United Kingdom made the following Final Submissions: “[f]or the reasons provided in the Statement of Defence and its oral submissions, the United Kingdom respectfully requests that the Tribunal dismiss each of Rwanda’s claims set out at paragraph 47 of its Notice of Arbitration, paragraph 111 of its Statement of Claim and in its reply submissions”.

The operative part (dispositif) of the Award reads as follows:

For these reasons, THE TRIBUNAL:

• By majority rejects the Republic of Rwanda’s Financial Arrangements claim in respect of the £50 million for Year 2 under paragraph 2.3.2 of the 2024 Finance Note;
• Unanimously rejects the Republic of Rwanda’s Financial Arrangements claim in respect of Year 3 in the amount of £50 million, or as alternatively, adjusted pro rata to £10.4 million;
• Unanimously rejects the Republic of Rwanda’s claim that the United Kingdom is in breach of Article 18 of the Agreement;
• Unanimously rejects the Republic of Rwanda’s claim that the United Kingdom is in breach of Article 19 of the Agreement; and
• Unanimously decides that each Party shall bear the costs of its legal representation and that the arbitration costs shall be borne by the Parties equally.

Professor Dr. Mohamed Abdel Wahab appended a Dissenting and Separate Opinion to the Award. In his Opinion, Professor Dr. Abdel Wahab finds inter alia that “the Award ought to have rendered the following dispositions: (a) declared that the November 2024 Notes Verbales did not constitute a binding amendment of the 2024 Finance Agreement—the concurrence of wills required under Article 13 of the VCLT being manifestly absent; and (b) declared that the sum of £50 million in respect of the Year 2 ETIF payment remains due and payable to Rwanda”.

Background to the Dispute –

The arbitral proceedings were instituted on 24 November 2025 when Rwanda served on the United Kingdom a Notice of Arbitration pursuant to Article 22 of the Asylum Partnership Agreement and Article 3 of the PCA Arbitration Rules 2012. The Notice of Arbitration refers to the “United Kingdom’s compliance with certain obligations under the [Asylum Partnership Agreement]”.

The three-member Tribunal was chaired by H.E. Judge Peter Tomka (a national of the Slovak Republic). The other members were Professor Dr. Mohamed Abdel Wahab (a national of Egypt) and Judge Joan Donoghue (a national of the United States of America). The PCA acted as Registry for the proceedings.

After an exchange of written pleadings, on 18 to 20 March 2026, a hearing was held at the Peace Palace, in The Hague.

Team Maverick.