Advice on State Contracts and Disputes

Live webcast of hearing on jurisdiction and the merits: United Utilities (Tallinn) B.V. and Aktsiaselts Tallinna Vesi v. Republic of Estonia (ICSID Case No. ARB/14/24)

A hearing on jurisdiction and the merits in ICSID Case No. ARB/14/24, United Utilities (Tallinn) B.V. and Aktsiaselts Tallinna Vesi v Republic of Estonia, will be transmitted live via internet feed from Monday, November 7, 2016 to Tuesday, November 15, 2016 … Continue reading

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Filed under Advice on State Contracts and Disputes, Arbitration Proceedings, ISDS, Jurisdiction, News, Public International Law, Video

AIPN EA CHAPTER EVENT: NEGOTIATING STATE IMMUNITY ISSUES IN INTERNATIONAL ENERGY CONTRACTS – LAW & PRACTICE

The immunity of states and their assets from the reach of national courts is an area of law with considerable practical implications for both private and state owned entities entering into international energy contracts. In this panel discussion, the speakers … Continue reading

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Filed under Advice on State Contracts and Disputes, News, Public International Law, Sovereign Immunity/State Immunity

ICSID issues Practice Notes for Respondents in ICSID Arbitration aimed at helping states avoid investment disputes and demystifying ICSID procedure

ICSID has published Practice Notes for Respondents in ICSID Arbitration (the "Notes"), a 31 page practical guidance note on ICSID arbitration brought under the ICSID Convention or the ICSID Additional Facility Rules. The Notes aim to answer the questions most … Continue reading

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Filed under Advice on State Contracts and Disputes, Investment Arbitration, Public International Law, State Contracts, Stabilization Clauses and Disputes

Herbert Smith Freehills hosts Panel Discussion and Seminar on “The State of State Immunity” in conjunction with the British Branch of the International Law Association

Herbert Smith Freehills, in conjunction with the British Branch of the International Law Association, is hosting a Seminar entitled “The State of State Immunity”. The Seminar will address Recent Developments, the “Commercial Purposes” Exception and provide practical guidance on negotiating … Continue reading

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Filed under Advice on State Contracts and Disputes, News, Sovereign Immunity/State Immunity, State Immunity

US Supreme Court to address “agency” in commercial activity exception to sovereign immunity under the Foreign Sovereign Immunities Act

The Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602 et seq. (“FSIA”) provides for limited statutory exceptions to the sovereign immunity of foreign states and their instrumentalities. Under § 1605(a)(2) of the FSIA, a foreign state is not immune from … Continue reading

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Filed under Advice on State Contracts and Disputes, Sovereign Immunity/State Immunity, State Immunity, US

Argentina cannot evade payments under its government bonds: German Court rejects suggestion of a general rule of international public law obliging all creditors to participate in debt restructuring with states in economic crisis

On 24 February 2015, the German Federal Court of Justice (“Bundesgerichtshof“) handed down two judgements which could have a significant impact on holders of government bonds. The Federal Court of Justice held that the Argentine Republic cannot refuse payment to … Continue reading

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Filed under Advice on State Contracts and Disputes, Americas, Europe

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, Oil & Gas, State Contracts, Stabilization Clauses and Disputes, State succession, UNCLOS

Upcoming Webinar: India Insights: the challenge of India-related dispute resolution and the post-election Investment landscape

Monday 7 July 2014 9.30am BST It has been a time of change for the investment climate in India – driven in large part by recent and very significant changes in the political climate in India, changing attitude of the … Continue reading

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Filed under Advice on State Contracts and Disputes, Asia, India, Investment Arbitration

President Hugo Chavez’s Legacy: What Future for Investors in Venezuela?

Overnight the Venezuelan government has confirmed the death of President Hugo Chavez after a long battle with cancer. President Chavez had been a constant force in Latin America since he came to power in 1999, and his impact on foreign … Continue reading

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Filed under Advice on State Contracts and Disputes, Americas, Investment Arbitration, News

The Law of State Responsibility: University’s conduct not attributable to Ukraine

In an Award on jurisdiction and liability published on 25 October 2012, an ICSID Tribunal dismissed the claims brought by US investors Bosh International, Inc and B&P Ltd Foreign Investments Enterprise (“Bosh International“) for breach of the US-Ukraine BIT (the … Continue reading

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Filed under Advice on State Contracts and Disputes, Europe, Investment Arbitration