Upcoming Webinar: Sanctions Update: Ukraine and Russia

Monday 22 September 2014, 2.00pm – 3.00pm BST

The international sanctions landscape has continued to develop in response to the situation in Ukraine.

On 12 September, the EU and US both published details of expansions to their existing sanctions against Russia, including in relation to the restrictions on certain Russian companies’ ability to access the EU/US capital markets. Both the EU and US have also designated additional individuals and entities under their respective asset freeze regimes.

In this webinar we will provide:

  • An overview of the current sanctions, including the amendments to the EU and US sectoral sanctions
  • An overview of relevant EU institutions and decision-making processes in relation to sanctions
  • An update on any further EU and US developments during the course of this week
  • An opportunity to pose your questions to our expert team.

Speakers:

If you would like to register for this event please click here. We will then send you an email with the event details and confirmation of your log-in address. If you have queries about the webinars or the registration process please contact: Jane Webber, Webinar co-ordinator, London.

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Filed under Public International Law, Sanctions

Upcoming Webinar: The LCIA Rules 2014: what you need to know

Wednesday 24 September 2014, 12.30 – 1.30 BST

The LCIA Rules 2014 come into effect on 1 October 2014 and apply to any arbitration commenced under the auspices of the LCIA after that date. We are pleased to announce that Dr. Jacomijn van Haersolte-van Hof, Director General of the London Court of International Arbitration, will join Paula Hodges QC for an interactive webinar, to discuss the key features of the LCIA Rules 2014 and the implications of the changes.

The speakers will discuss the important developments in the LCIA Rules 2014, including those designed to promote efficient conduct by legal representatives and arbitrators, save time and costs, and deal with the growing complexity and diversity of disputes, as well as looking at the new Emergency Arbitrator process.

The speakers will also consider the implications of the changes to the LCIA Rules 2014 on drafting LCIA arbitration clauses and LCIA proceedings, before dealing with questions.

Speakers:

  • Jacomijn van Haersolte-van Hof, Director General of the London Court of International Arbitration
  • Paula Hodges QC, Head of Global Arbitration Practice, Herbert Smith Freehills LLP

If you would like to register for this event please click here.   For further information about our webinars or the registration process please contact Jane Webber.

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New regulation sets out financial responsibility for investor-state disputes between the European Union and third countries

Today (17 September 2014) a new European Regulation enters into force (EU No 912/2014) with wide-ranging implications for the global investment community. The Regulation allocates financial responsibility going forward, for claims brought by non-EU investors for harm done to their investment within the European Union. Depending on who was involved in the treatment in question – a Member State or a body, institution or agency of the EU itself, responsibility is allocated accordingly.

The rules will only be applied to investor-state disputes brought under agreements to which the EU is itself a party and which incorporate an Investor State Dispute Settlement (ISDS) mechanism. The Energy Charter Treaty (ECT) is one such treaty already in existence and several bilateral investment treaties (BITs) between the EU and third states are in the process of being negotiated, in some cases with a view to replacing the current BITs between EU Member States and third states. This forms part of a wider re-evaluation of investment issues and the relative competences of individual Member States and the EU.

EU Trade Commissioner Karel De Gucht has described the Regulation as “another building block in our efforts to develop a transparent, accountable and balanced investor-to state dispute settlement mechanism as part of EU trade and investment policy.”

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Filed under EU Law, Europe, Investment Arbitration

What if Scotland leaves the UK? Implications for international arbitration and disputes arising from independence

As the referendum on Scotland’s future looms, Herbert Smith Freehills partners Matthew Weiniger QC and Andrew Cannon and arbitration practice manager Vanessa Naish consider the potential implications of Scottish independence for international arbitration there, in England and further afield; as well as the possibility of disputes arising from the independence process itself.

This article was first published on 15 September 2014 in the Global Arbitration Review.

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Filed under Arbitration laws, Europe, Scottish Independence

New Public International Law blog launched by Herbert Smith Freehills’ Public International Law Group

We are pleased to announce that Herbert Smith Freehills’ Public International Law Group has launched a new blog dedicated to know-how and news about public international law. To subscribe to the Public International Law Blog please click here and follow the instructions.

The Public International Law Blog covers developments from around the world on:

  • investment protection and investor-state treaty arbitration;
  • treaty negotiation, interpretation and impact;
  • state immunity;
  • sanctions;
  • international human rights;
  • trade/WTO; and
  • state contracts, stabilisation clauses and disputes

For further information, please contact Dominic Roughton, Partner, or Matthew Weiniger, Partner or your usual Herbert Smith Freehills contact.

Dominic Roughton
Dominic Roughton
Partner
Email | Profile
+81 3 5412 5432
Matthew Weiniger QC
Matthew Weiniger QC
Partner
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+44 20 7466 2364

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Filed under News, Public International Law

Singapore Court of Appeal decides interim awards are enforceable

In the case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia) [2014] SGHC 146, the Singapore Court of Appeal considered the enforceability of interim awards under the Singapore International Arbitration Act (the IAA).  This judgment provides a useful analysis of what constitutes an enforceable award in Singapore and helpfully clarifies that an interim award which may be subject to further determination will still be enforced by the Singapore courts.  This is a welcome decision on an issue which remains unsettled on an international level and should provide particular comfort to construction practitioners.

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Filed under Challenges to awards, Enforcement, New York Convention, South East Asia

ICC publishes in-house guide on effective management of arbitration

Practitioners and arbitral institutions alike are constantly looking for ways to smooth and improve the arbitral process. One of the latest contribution to this effort is a June 2014 guide from the International Chamber of Commerce (ICC) entitled “Effective Management of Arbitration: A Guide for In-House Counsel and Other Party Representatives” (the Guide).

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Filed under Arbitration rules, Costs, Document production, Institutions

The ICC 2013 Statistics – Another busy year for international arbitration

The ICC has released its case statistics for 2013 which demonstrate another strong year for the ICC and international arbitration in general, having maintained a high number of newly registered cases involving parties, seats and governing laws from across the world. In this post we take a look at some of the key statistics and how they reflect on the continued strong growth in international arbitration.

As trade, industry and investment becomes increasingly complex and cross-border in nature, so to do the disputes that arise therefrom. As the ICC’s caseload shows, international arbitration continues to be the go-to-choice for resolving those disputes and the ICC continues one of the world’s leading arbitration institutions.

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Filed under Institutions, News

Cutting through the politics of the Scottish Independence Referendum: The International Law Implications of Independence Audio Webinar

As Scotland is poised to decide on its future, a number of questions remain unexplored and unresolved in the politics of the Referendum debate.

In our July 2014 webinar, “Cutting through the politics of the Scottish Independence Referendum: The International Law Implications of Independence”, our speakers considered the legal ramifications of an independent Scotland from an international law perspective; including

  • Would Scotland automatically be bound by, and benefit from, the UK’s international treaties after independence, and would the remaining UK’s international law rights and obligations be affected?
  • How can Scotland negotiate continued membership of the EU and what are the implications?
  • How would Scotland’s maritime boundaries be drawn in the event of independence and how does that impact oil and gas reserves in the North Sea?
  • What impact would independence have on oil and gas sector regulation?

To access a recording of this webinar, please contact Jane Webber.

Matthew Weiniger QC
Matthew Weiniger QC
Partner
Email | Profile
+44 20 7466 2364
Andrew Cannon
Andrew Cannon
Partner
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+44 20 7466 2852
Stephen Murray
Stephen Murray
Partner
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+44 20 7466 2270
Iain Maxwell
Iain Maxwell
Of Counsel
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+44 20 7466 2646

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Filed under Boundaries and Delimitation, EU Law, Europe, News, Scottish Independence, State succession, UNCLOS

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 Akok Manyuat Madut, Counsellor, Embassy of the Republic of South Sudan, Greg Marten, Associate General Counsel, Shell International B.V., Dominic Roughton, Global Head of Public International Law, and Andrew Cannon, Partner, addressed attendees from a number of different industries and national governments on issues pertaining to state succession.

Drawing on their own experiences, the panel considered: the process and challenges of achieving statehood; the practical and legal effects of state succession from the point of view of those who invest and do business where a new state has been, or may be, created; how states and governments are recognised; the consequences of state continuity and state succession; the private law implications of the creation of a new state on existing contracts; and how land and maritime boundaries can be drawn in the event of independence.

For further information about these issues, please contact Dominic Roughton or Andrew Cannon, or any other member of Public International Law Group at Herbert Smith Freehills.

Dominic Roughton
Dominic Roughton
Partner
Email | Profile
+81 3 5412 5432
Andrew Cannon
Andrew Cannon
Partner
Email | Profile
+44 20 7466 2852

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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