Advice on State Contracts and Disputes

Herbert Smith Freehills’ Response to EU Consultation: the Future of Investor-State Dispute Settlement

As discussed in our blog post here, on 21 December 2016 the EU Commission launched a public consultation on the multilateral reform of the investment dispute settlement system. The consultation closed on 15 March 2017 with a full report of the responses anticipated later … Continue reading

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Filed under Advice on State Contracts and Disputes, Arbitration proceedings, EU, Europe, Investment Arbitration, ISDS, News, Trade Agreements

EU launches consultation on multilateral reform of the investor-state dispute resolution system

The EU Commission (the Commission) has launched a public consultation on the multilateral reform of the investment dispute settlement system.  The survey is found here and responses are due by 15 March 2017.  The consultation is the next step in … Continue reading

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Filed under Advice on State Contracts and Disputes, EU, Europe, Investment Arbitration, ISDS, Public International Law, Trade Agreements

French Conseil d’État rules on scope of powers to set aside arbitral awards / Le Conseil d’État s’est prononcé sur l’étendue de son contrôle s’agissant de l’annulation d’une sentence arbitrale internationale

In a decision of 9 November 2016, the French Conseil d’État, France's highest administrative jurisdiction, ruled on the extent of its scope of review as regards annulment of an international arbitral award. The decision relates to an ICC arbitral award … Continue reading

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Filed under Advice on State Contracts and Disputes, Court intervention, Enforcement

Live webcast of hearing on jurisdiction and the merits: United Utilities (Tallinn) B.V. and Aktsiaselts Tallinna Vesi v. Republic of Estonia (ICSID Case No. ARB/14/24)

A hearing on jurisdiction and the merits in ICSID Case No. ARB/14/24, United Utilities (Tallinn) B.V. and Aktsiaselts Tallinna Vesi v Republic of Estonia, will be transmitted live via internet feed from Monday, November 7, 2016 to Tuesday, November 15, 2016 … Continue reading

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Filed under Advice on State Contracts and Disputes, Arbitration proceedings, ISDS, Jurisdiction, News, Public International Law, Video

AIPN EA CHAPTER EVENT: NEGOTIATING STATE IMMUNITY ISSUES IN INTERNATIONAL ENERGY CONTRACTS – LAW & PRACTICE

The immunity of states and their assets from the reach of national courts is an area of law with considerable practical implications for both private and state owned entities entering into international energy contracts. In this panel discussion, the speakers … Continue reading

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Filed under Advice on State Contracts and Disputes, News, Public International Law, Sovereign Immunity

English High Court orders payment of $100m arbitral peremptory order, denying KRG claim to immunity

In its recent judgment of 20 November 2015, the High Court of England and Wales (the "Court") enforced a US$100m peremptory order made in arbitral proceedings against the Kurdistan Regional Government of Iraq. The judgment considers a number of interesting … Continue reading

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Filed under Advice on State Contracts and Disputes, Arbitration Act 1996, Europe, Middle East, Sovereign Immunity

Thai Government Lifts Total Ban on Arbitration Clauses in State Contracts

A recent Thai Cabinet resolution relaxes the restriction on arbitration clauses in some public contracts.  The resolution is seen as a positive move for arbitration and investment in Thailand, but more remains to be done. The New Cabinet Resolution On … Continue reading

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Filed under Advice on State Contracts and Disputes, Arbitration clauses, Asia, South East Asia

Herbert Smith Freehills hosts Panel Discussion and Seminar on “The State of State Immunity” in conjunction with the British Branch of the International Law Association

Herbert Smith Freehills, in conjunction with the British Branch of the International Law Association, is hosting a Seminar entitled “The State of State Immunity”. The Seminar will address Recent Developments, the “Commercial Purposes” Exception and provide practical guidance on negotiating … Continue reading

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Filed under Advice on State Contracts and Disputes, Sovereign Immunity

Panel speaks on international and private law implications of the creation of new States

With the question of independence on the agenda in Scotland and Kurdistan to name only two, the possible creation of new states has potentially significant ramifications for business, and particularly investments, risk assessments and contracts. Today a panel comprised of … Continue reading

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Filed under Advice on State Contracts and Disputes, Boundaries and Delimitation, News, Public International Law, Stabilisation clauses, State succession, Uncategorized, UNCLOS

Upcoming Webinar: India Insights: the challenge of India-related dispute resolution and the post-election Investment landscape

Monday 7 July 2014 9.30am BST It has been a time of change for the investment climate in India – driven in large part by recent and very significant changes in the political climate in India, changing attitude of the … Continue reading

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Filed under Advice on State Contracts and Disputes, Arbitration laws, Asia, Awards, Challenges to awards, India, Investment Arbitration, Uncategorized