The “Maduro Board” of The Central Bank of Venezuela v. The “Guaidó Board” of The Central Bank of Venezuela

Abstract

Governments — Recognition — Rival governments — Venezuela — Disputed 2018 Venezuelan presidential election — Whether Mr Maduro or Mr Guaidó President of Venezuela — Whether Maduro Board or Guaidó Board entitled to give instructions on behalf of Central Bank of Venezuela concerning its assets in England

Recognition — Whom United Kingdom Government recognizing as Head of State and Head of Government of Venezuela — Whether United Kingdom Foreign Secretary’s statement constituting unequivocal recognition of Mr Guaidó as Interim President — Whether United Kingdom Government’s recognition of Mr Guaidó de facto or de jure — “One voice” doctrine — Whether English courts obliged to accept United Kingdom Government’s recognition of Mr Guaidó as conclusive — Foreign act of State doctrine — Whether challenges to validity, under Venezuelan law, of the Transition Statute 2019 and Mr Guaidó’s appointments justiciable in English courts — Whether English courts should recognize judgments of the Supreme Tribunal of Justice of Venezuela nullifying the Transition Statute 2019 — Whether such recognition contravening UK public policy

Diplomatic relations — Whether United Kingdom Government’s continued diplomatic relations with Mr Maduro’s representatives in England constituting implied recognition of Mr Maduro as de facto President — Whether Court of Appeal erred in introducing concept of implied de facto recognition — Whether scope for application of any notion of implied recognition by English courts — The law of England