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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

Paris Bar Council indicates support for third-party funding

In a resolution adopted on 21 February 2017, the Paris Bar Council (Conseil de l'Ordre) indicated its support for third-party funding. The resolution confirms that third-party funding is in the interests of both clients and counsel, particularly in the context … Continue reading

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Filed under Costs, Europe, News, Third Party Funding

HERBERT SMITH FREEHILLS’ GLOBAL ARBITRATION PRACTICE RANKED TOP THREE IN THE WORLD FOR SECOND YEAR RUNNING

For the second-year running, Herbert Smith Freehills' Global Arbitration Practice has been showcased as being the third busiest in the world as part of the prominent annual Global Arbitration Review (GAR) 30 rankings. The firm's new GAR 30 ranking appears … Continue reading

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Filed under News, Publications and Guides

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

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

Dubai Arbitration Week

Dubai Arbitration Week is underway with an extensive programme of events. The CIArb Seminar opened proceedings on 13 November including a keynote address by Vincent Moran QC of Keating Chambers on "Turbulent and troublesome tribunals and the appearance of bias" … Continue reading

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Filed under Events, Middle East, News

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

THE NEW DIFC-LCIA ARBITRATION RULES 2016

The DIFC-LCIA Arbitration Centre has issued its new rules which will apply to all arbitrations commencing on or after 1 October 2016. The key changes are discussed below.

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Filed under Arbitration rules, DIFC, Emergency Arbitration, Middle East, News, Procedures in arbitration