Europe

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

Brexit—the future of state-to-state, investor-state and domestic dispute resolution

The Brexit White Paper The much-anticipated Brexit White Paper, ‘The United Kingdom’s exit from and new partnership with the European Union’, was published on 2 February 2017. This post focuses on a subject that has to date received relatively little … Continue reading

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Filed under Brexit, Brussels Regulation, EU, EU Law, Europe, Public International Law, Trade Agreements, TTIP

English Commercial Court finds “torpedo” action ineffective where parties agreed asymmetric jurisdiction clause

The English Commercial Court has held that an asymmetric jurisdiction clause is an exclusive jurisdiction clause for the purposes of the recast Brussels Regulation. The English court was therefore entitled to continue with its proceedings where it was the chosen … Continue reading

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Appointment of arbitrators: English Court grapples conflicting case law and clarifies relevant principles when asked to assist with appointments

In its decision in Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm) the English Court has considered and clarified the principles which apply to an application under section 18 of the English Arbitration … Continue reading

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Filed under Arbitrability, Arbitration Act 1996, Arbitration clauses, Arbitration proceedings, Arbitrators, Court intervention, EU, Europe, Jurisdiction

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

ICC ANNOUNCES A NEW EXPEDITED PROCEDURE TO COME INTO FORCE MARCH 2017

The International Chamber of Commerce (ICC) has announced changes to its Rules of Arbitration (ICC Rules) which will come into force on 1 March 2017. The changes include the introduction of an expedited procedure for small claims, as well as … Continue reading

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Filed under Arbitration proceedings, Arbitration rules, Europe, Institutions

English High Court has no power to grant urgent relief under Arbitration Act where urgent relief could be granted by expedited tribunal or emergency arbitrator under LCIA Rules

In the recent case of Gerald Metals SA v Timis [2016] EWHC 2327 (Ch), the English High Court considered its power to grant urgent relief under s 44(3) of the Arbitration Act 1996 ("Act") in circumstances where timely and effective … Continue reading

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Filed under Arbitration Act 1996, Arbitration rules, Emergency Arbitration, Europe, Expedited Arbitration, Interim relief, Procedures in arbitration

The UK Independent Press Standards Organisation Launches Pilot Arbitration Scheme

In August 2016, the Independent Press Standards Organisation (IPSO) announced the launch of its pilot arbitration scheme. It comes nearly four years after Lord Justice Leveson's recommendation for a "fair, quick and inexpensive" arbitration service for resolving disputes against members … Continue reading

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Filed under Arbitration Act 1996, Arbitration rules, Europe