“Maduro Board” of the Central Bank of Venezuela v “Guaidó Board” of the Central Bank of Venezuela

“Maduro Board” of the Central Bank of Venezuela v “Guaidó Board” of the Central Bank of Venezuela

Her Majesty's Government has since 4 February 2019 recognised Mr Guaidó as the constitutional interim President of Venezuela and not Mr Maduro for any purpose. UK courts are bound by the one voice principle to accept this recognition. The act of state doctrine precludes UK courts from questioning the lawfulness or validity of Mr Guaidó's executive acts performed within Venezuela, subject to exceptions where judgments of the Venezuelan judiciary may be recognised if consistent with UK public policy. The proceedings are remitted to the Commercial Court to determine whether judgments of the STJ should be recognised or given effect.

Parties
Respondent/cross Appellant: Maduro Board of the Central Bank of Venezuela; Appellant/cross Respondent: Guaidó Board of the Central Bank of Venezuela; Intervener: Secretary of State for Foreign, Commonwealth and Development Affairs
Jurisdiction
England and Wales
Judgment Date
20 December 2021
Procedural Posture
Appeal / Judgment of the Supreme Court
Outcome
Appeal allowed in part, cross-appeal dismissed.
Legal Topics
Recognition of Foreign Governments, Act of State Doctrine, One Voice Principle, Separation of Powers, Sovereign Immunity
Public International Law Constitutional Law Private International Law Recognition of Foreign Governments Act of State Doctrine One Voice Principle Separation of Powers Sovereign Immunity

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Parties

Maduro Board of the Central Bank of Venezuela

Respondent/cross Appellant

Guaidó Board of the Central Bank of Venezuela

Appellant/cross Respondent

Secretary of State for Foreign, Commonwealth and Development Affairs

Intervener

Procedural Posture

Appeal / Judgment of the Supreme Court

Legal Issues

  1. 1 Who is recognised as President of Venezuela by Her Majesty's Government?
  2. 2 Are the appointments made by Mr Guaidó valid and effective under English law?
  3. 3 Does the act of state doctrine preclude inquiry into the validity of Venezuelan executive and legislative acts?

Ratio Decidendi

Her Majesty's Government has since 4 February 2019 recognised Mr Guaidó as the constitutional interim President of Venezuela and not Mr Maduro for any purpose. UK courts are bound by the one voice principle to accept this recognition. The act of state doctrine precludes UK courts from questioning the lawfulness or validity of Mr Guaidó's executive acts performed within Venezuela, subject to exceptions where judgments of the Venezuelan judiciary may be recognised if consistent with UK public policy. The proceedings are remitted to the Commercial Court to determine whether judgments of the STJ should be recognised or given effect.

Court Disposition

Appeal allowed in part, cross-appeal dismissed.

Orders

  • Declaratory relief granted: Mr Guaidó is recognised by HMG as constitutional interim President of Venezuela; Mr Maduro is not recognised as President for any purpose.
  • Courts in this jurisdiction will not question the lawfulness or validity of Decrees Nos 8 and 10 issued by Mr Guaidó, the appointment of the Special Attorney General, or the appointment of the Ad Hoc Administrative Board of the BCV, subject to exceptions regarding recognition of STJ judgments.