Belgium asks for the CJEU’s opinion on the compatibility of the Investment Court System with European Law
On 6 September 2017 the Belgian Deputy Prime Minister and Minister of Foreign Affairs Didier Reynders submitted a request from Belgium to the Court of Justice of the European Union for an opinion on the compatibility of the Investment Court … Continue reading
Herbert Smith Freehills is pleased to announce the launch of a new series of blog posts which will report on the latest developments in the NAFTA renegotiations. The series will run on our Public International Law Blog which provides analysis … Continue reading
Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?
On its face, the thrust of the UK Government’s Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to rule out the jurisdiction of the Court of Justice of the European Union (CJEU) to … Continue reading
The United States will lobby for changes to the investor-state dispute settlement (“ISDS”) provisions of the North American Free Trade Agreement (“NAFTA”) in the upcoming discussions to renegotiate the regional treaty. ISDS reform is one of several “negotiating objectives” announced … Continue reading
On 6 July 2017 the EU and Japan announced an agreement in principle on their Economic Partnership Agreement (“EPA“). The scale of this agreement is eye-popping: once in effect the EPA will cover nearly 40 percent of all goods exports, … Continue reading
In a ruling handed down on July 11, 2017, the United States Court of Appeals for the Second Circuit resolved a circuit split that had sown legal uncertainty on the correct procedure for the enforcement in the United States of … Continue reading
ICSID tribunal rules that it is neither necessary nor urgent to grant security for costs from a claimant with the benefit of third-party funding
An ICSID tribunal has rejected a State's application for security for costs in circumstances in which the other party had third-party funding in the form of ATE insurance which specifically provided for cover of the State's costs. Italy's request for … Continue reading
As discussed in our previous blog posts here and here, the EU has introduced a new system to resolve disputes arising between investors and states which may herald the beginning of a move away from the traditional use of investor-state arbitration. In … Continue reading
Live audio webinar: Protecting your investments from political risk in a volatile world – 21 June 2017 – 1.00pm UK time
In this webinar, we will offer a disputes perspective on how to protect your investments from political risk in the current economic and political climate. Disputes lawyers are often brought on board when things have already gone wrong, tasked with … Continue reading
Is the recently signed Morocco-Nigeria BIT a step towards a more balanced form of intra-African investor protection?
On 3 December 2016, Morocco and Nigeria signed a new bilateral investment treaty (the "BIT"), with the overarching aim of strengthening "the bonds of friendship and cooperation" between the two States. The BIT (available here) is yet to be ratified … Continue reading