ISDS

ICSID issues first award involving China as Respondent, finding in host state’s favour

In an award dated 9 March 2017, the Tribunal in an ICSID arbitration between Korean investor Ansung Housing Co., Ltd and China dismissed all claims as time-barred. The Claimant's attempt to circumvent the limitation period by relying on the most … Continue reading

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Filed under Asia, East Asia, Hong Kong & China, Investment Arbitration, ISDS, Public International Law

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

SIAC Investment Arbitration Rules

The Singapore International Arbitration Centre (SIAC) has announced the release of its Investment Arbitration Rules (the Rules), which came into force on 1 January 2017.  This release follows the earlier public consultation in February 2016, when practitioners were invited by … Continue reading

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Filed under Arbitration proceedings, Arbitration rules, Asia, Institutions, Investment Arbitration, ISDS, South East Asia, Third Party Funding

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

Advocate General issues opinion that the EU does not have exclusive competence to conclude the EU-Singapore Free Trade Agreement

In an opinion issued on 21 December 2016, EU Advocate General Eleanor Sharpston QC has concluded that the EU-Singapore Free Trade Agreement (EUSFTA) will need to be finalised by the European Union and the Member States acting jointly, i.e. entered … Continue reading

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Filed under Asia, Brexit, Europe, Investment Arbitration, ISDS, Public International Law, Trade Agreements, Uncategorized

CETA UPDATE: CETA is signed; Provisional application of CETA and Brexit; First government-to-government meeting to discuss establishing the multi-lateral investment court system

On 30 October 2016, the EU and Canada signed the Comprehensive Economic and Trade Agreement (the CETA).  As explained in our blog post here, the text of the CETA, which was originally agreed in 2014, was subjected to "legal scrubbing" … Continue reading

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Filed under EU, Europe, ISDS, Public International Law

Live webcast of hearing on jurisdiction and the merits: David Aven et al. v. Republic of Costa Rica (UNCITRAL Case No. UNCT/ 15/3) – Public Hearing

A hearing on jurisdiction and the merits in UNCITRAL Case No. UNCT.15/3, will be transmitted live in English and Spanish via internet feed from Monday, December 5, 2016 to Monday, December 12, 2016, excluding Saturday and Sunday, from 9:00 a.m. to … Continue reading

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Filed under Investment Arbitration, ISDS, News, Public International Law, The Americas, Video

India and Brazil conclude negotiations of Bilateral Investment Treaty

As previously noted in April 2015, India amended its model bilateral investment treaty (the Indian Model BIT) and has reportedly been deploying it in recent months to seek to re-negotiate bilateral investment treaties (BITs) with over 47 countries (see previous … Continue reading

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Filed under Asia, India, Investment Arbitration, ISDS, News, Public International Law, The Americas

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

Arbitration and intra-EU BITs – German Bundesgerichtshof weighs in on the discussion

In its decision of 3 March 2016 (I ZB 2/15), published on 11 May 2016, the German Federal Court of Justice ("BGH") announced that it would request the Court of Justice of the European Union ("CJEU") to make a preliminary … Continue reading

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Filed under Challenges to awards, EU Law, Investment Arbitration, ISDS