Public international law

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 Arbitration, Public international law

Upcoming Webinars

There are a number of upcoming webinars which are likely to be of particular interest to clients from across the Asian region. Negotiating the challenges of Myanmar – Thursday, 27 June 2013 In this webinar Herbert Smith Freehill’s Myanmar practice group … Continue reading

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Filed under Arbitration, China, Hong Kong, Investigation and compliance, Japan, Public international law, South East Asia

Singapore Court of Appeal sets aside injunction against Maldivian state-owned company in airport dispute

The Singapore Court of Appeal has set aside an interim injunction granted by the High Court against a Maldivian state-owned corporation (“MACL“), by which MACL had been restrained from interfering with the operation of the Maldives airport by the relevant … Continue reading

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Filed under Public international law, South East Asia

Sovereignty over islands and consequences for maritime boundaries: the dispute over Senkaku/Diaoyu/Diaoyutai Islands

The last few weeks have seen anti-Japanese protests in almost a dozen Chinese cities.  Demonstrators took to the streets apparently in response to the latest developments in a long-standing dispute between China and Japan concerning a group of islands in … Continue reading

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Filed under China, Japan, Public international law

Alert: US imposes sanctions on PRC financial institutions/enacts new sanctions against Iran

On July 30, 2012, the US imposed sanctions on a PRC financial institution, Bank of Kunlun, for violating US sanctions against Iran. The sanctions effectively bar the bank from directly accessing the U.S. financial system, prohibiting it from opening correspondent … Continue reading

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Filed under China, Public international law

Privy Council rules on the liability of State-owned corporations for debts of the State

On 17 July 2012, the Privy Council gave judgment in a case brought by FG Hemisphere, a Delaware corporation, against La Générale des Carrières et des Mines (“Gécamines“), a mining company owned by the Democratic Republic of Congo (“DRC“). The … Continue reading

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Filed under Arbitration, China, Hong Kong, Public international law

A rock or an island? The significance of Okinotorishima and its status under the international law of the sea

Okinotorishima is an atoll in the Philippine Sea. Most of it reportedly lies below sea level even at low tide, with only two small areas appearing above the surface at high tide: one the size of a twin bed and … Continue reading

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Filed under China, Japan, Public international law

Bilateral Investment Agreement signed between Iraq and Japan on 7th June 2012

A bilateral investment agreement or treaty (BIT) between Japan and Iraq was signed on 7th June 2012. This is the first BIT between Iraq and a major economy and is a significant and credible commitment by Iraq to the rights … Continue reading

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Filed under Arbitration, Japan, Public international law

Trilateral Investment Agreement signed by China, Japan and South Korea

On 13 May 2012, China, Japan and South Korea signed the Agreement among the Government of Japan, the Government of the Republic of Korea and the Government of the People’s Republic of China for the Promotion, Facilitation and Protection of … Continue reading

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Filed under Arbitration, China, Japan, Public international law

EU suspends Myanmar sanctions: Attractions and risks for overseas corporate investors

Herbert Smith’s Myanmar Group assesses the legal challenges of investing in Myanmar, as interest in the country grows following recent political changes and relaxation of international sanctions regimes.  Alastair Henderson, Hilary Lau and Kyle Wombolt  provide some observations below.

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Filed under Public international law