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Upcoming webinar: The changing landscape of Investment Treaty arbitration – Tuesday 23 June 2015 – 12.45pm BST

There has never been a time of greater public engagement in the whole system of Investment Treaties and the Investor State Dispute Settlement (ISDS) provisions contained within them. The ongoing negotiation of both the Trans-Pacific Partnership and the Transatlantic Trade … Continue reading

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Filed under EU Law, Investment Arbitration, Public International Law, Uncategorized

EU Commission issues “Concept Paper” on ISDS in the TTIP and beyond: proposals for “profound reform”

Further to its report on the outcome of the consultation on investment protection and investor-state dispute settlement in the TTIP, the EU Commission has issued a “Concept Paper” which envisages a very different future for resolution of investor-state disputes. The … Continue reading

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Filed under Europe, Investment Arbitration, Public International Law, Uncategorized

Herbert Smith Freehills and Chatham House event on TTIP: meeting report now available

As reported in our previous post, on Wednesday 4th March Herbert Smith Freehills hosted an event in partnership with Chatham House (the Royal Institute for International Affairs, London), seeking to explore the opposition to the TTIP and, in particular, the … Continue reading

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Filed under Investment Arbitration, Public International Law, Uncategorized

The recast Brussels Regulation: Implications for commercial parties – PLC Magazine article

The recast Brussels Regulation has introduced significant changes to the EU rules on jurisdiction and the enforcement of judgments for proceedings commenced from 10 January 2015, as well as clarifying the scope of the exclusion of arbitration from the Brussels regime. … Continue reading

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Legal implications of default, renegotiation and possible exit of an EU member state: protections for investors under bilateral investment treaties

Following the recent Greek elections and Syriza’s commitment to negotiating a restructuring of Greece’s debt, many in the EU and beyond will be considering the implications of a renegotiated bailout or a Greek departure from the Eurozone. For a discussion of … Continue reading

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Herbert Smith Freehills Global Arbitration Practice announces relocation of partner Andrew Cannon to Paris

Herbert Smith Freehills today announced that London-based international arbitration partner Andrew Cannon has relocated to Paris. His move strengthens the firm’s unmatched Paris-London arbitration axis, and enhances our common law and public international law expertise in our thriving Paris practice. … Continue reading

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Paris Court of Appeal considers scope of arbitrator’s obligation to disclose any potential conflicts of interest

 The Paris Court of Appeal has overturned a judgment granting exequatur (order for enforcement) of an arbitral award as a result of the sole arbitrator’s failure to disclose a potential conflict of interest. At the time of his appointment in … Continue reading

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Filed under Arbitrators, Enforcement, Enforcement - Europe, Europe, Uncategorized

Procedural fairness as a ground for setting aside awards: what’s fair is fair

In its recent decision in Triulzi Cesare SRL v Xinyi Group (Glass) Co Ltd [2014] SGHC 220, the Singapore High Court considered the grounds on which an arbitral award may be set aside for procedural unfairness and, in doing so, … Continue reading

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Filed under Arbitrators, Awards, Challenges to awards, Enforcement, South East Asia, Uncategorized

The future of investor-state arbitration

We live in interesting times for investment arbitration. There is wider public engagement with investment protection than there has ever been, prompted by the European Commission’s public consultation on the proposed Transatlantic Trade and Investment Partnership (TTIP) between the EU … Continue reading

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Filed under Investment Arbitration, Public International Law, Uncategorized

Panel speaks on international and private law implications of the creation of new States

With the question of independence on the agenda in Scotland and Kurdistan to name only two, the possible creation of new states has potentially significant ramifications for business, and particularly investments, risk assessments and contracts. Today a panel comprised of … Continue reading

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Filed under Advice on State Contracts and Disputes, Boundaries and Delimitation, News, Public International Law, Stabilisation clauses, State succession, Uncategorized, UNCLOS