ISDS

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

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Filed under Advice on State Contracts and Disputes, Investment Arbitration, ISDS, webinar

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

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Filed under Africa, Investment Arbitration, ISDS, News, Public International Law, Stabilisation clauses

The European Court of Justice renders its opinion on the EU-Singapore free trade agreement: investment chapter is not within EU’s exclusive competence

On 16 May, 2017 the European Court of Justice (the Court) rendered its Opinion on the competence of the European Union to conclude the Free Trade Agreement (FTA) with Singapore. The Opinion recognises exclusive EU competence over most of the … Continue reading

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Filed under Asia, EU, EU Law, Europe, Investment Arbitration, ISDS, Public International Law, South East Asia

Ecuador’s legislative branch approves termination of 12 Bilateral Investment Treaties

On 3 May 2017, Ecuador's Legislature approved the termination of 12 bilateral investment treaties ("BITs") entered into with China, Chile, Venezuela, the Netherlands, Switzerland, Canada, Argentina, the U.S., Spain, Peru, Bolivia and Italy. This is not only consistent with Ecuador's … Continue reading

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

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