Tag Archives: Investor-State Dispute Settlement (ISDS)

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

Breakfast panel with TPP negotiators on 7 January 2016: Investor-state dispute settlement under the trans-pacific partnership

Join us for a panel discussion on the dispute resolution system in the Trans-Pacific Partnership (TPP), presented by experts in international arbitration, as well as members of TPP government negotiating teams from Peru and Mexico. They will discuss the controversies arising … Continue reading

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Filed under Asia, Australia, Events, Investment Arbitration, ISDS, Japan, Public International Law, South East Asia, The Americas, TPP

The changing landscape of Investment Treaty arbitration – Herbert Smith Freehills comments on recent developments and the future of investment arbitration

As the US Senate is poised to pass legislation granting President Obama the trade promotion authority which will facilitate the passing of the Trans-Pacific Partnership Agreement (TPP), the future of the most controversial parts of the TPP and many other … Continue reading

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Filed under Investment Arbitration, News

Australia’s Conflicting Approach to ISDS: Where to From Here?

Keeping abreast of Australia’s stance on ISDS can be a confusing exercise. Australia’s approach to investor-state dispute settlement (ISDS) continues to be hotly debated in the wake of recent revelations by Wikileaks that the investment chapter of the Trans-Pacific Partnership … Continue reading

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Filed under Australia, Investment Arbitration

Forthcoming Chatham House and Herbert Smith Freehills Symposium: “TTIP: shaping the future for investor-state dispute settlement” – 4 March 2015

The proposed Transatlantic Trade and Investment Partnership (TTIP) between the EU and the US, two of the world’s largest economies, is intended to remove trade barriers, create wealth and promote investment.  On 13 January, the European Commission published the results … Continue reading

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Filed under Investment Arbitration, News, Public International Law

Investment protection and ISDS in the TTIP: the discussion continues with more consultation around the corner

Yesterday afternoon, the EU Commission issued its Report on the outcome of the public consultation on the inclusion of investment protection and investor-state-dispute-settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP) being negotiated between the EU and the US. … Continue reading

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

Podcast – “The TTIP: Cutting through the hype surrounding investment protection and ISDS”

The Transatlantic Trade and Investment Partnership or “TTIP” has been making headlines across the EU and the US over the past months. Petitions against this free trade agreement have been signed by hundreds of thousands and protest actions have taken … Continue reading

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Filed under Europe, Investment Arbitration, Podcast, Public International Law, The Americas

The future of investment agreements: meeting of the World Investment Forum

The number and diversity of parties with interests in the future of international investment protection has never been greater – a result of tremendous growth in cross-border investment and rapid economic development in many parts of the world. At the … Continue reading

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Filed under Investment Arbitration

Video post in “Observations on Arbitration” series: “The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration”

In the “Observations on Arbitration” series, Christian Leathley considers the impact of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration.     For further information, please contact Christian Leathley, Partner, Hannah Ambrose, Professional Support Consultant or Vanessa Naish, Professional Support … Continue reading

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Filed under Investment Arbitration, Video