EU

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

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, EU, EU Law, Europe, Public International Law, Trade law, TTIP

EU launches consultation on multilateral reform of the investor-state dispute resolution system

The EU Commission (the Commission) has launched a public consultation on the multilateral reform of the investment dispute settlement system.  The survey is found here and responses are due by 15 March 2017.  The consultation is the next step in … Continue reading

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Filed under Advice on State Contracts and Disputes, EU, Europe, Investment Arbitration, ISDS, Public International Law

CETA UPDATE: CETA is signed; Provisional application of CETA and Brexit; First government-to-government meeting to discuss establishing the multi-lateral investment court system

On 30 October 2016, the EU and Canada signed the Comprehensive Economic and Trade Agreement (the CETA).  As explained in our blog post here, the text of the CETA, which was originally agreed in 2014, was subjected to "legal scrubbing" … Continue reading

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Filed under EU, Europe, ISDS, Public International Law

Trade Post-Brexit: What would a hard Brexit mean for international trade?

The UK’s vote to leave the EU brings with it the possibility of so-called 'hard Brexit'. Business needs to understand what Britain leaving the EU without a smooth transition to a new framework might mean for cross-border trade both within … Continue reading

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Filed under Brexit, EU, EU Law, Europe, News, Trade law, Trade/WTO, Treaty negotiation, interpretation and impact, UK

EU trade agreement enters into effect with five southern African countries

On 10 June 2016 the EU signed an Economic Partnership Agreement (EPA) with the Southern Africa Development Community EPA Group comprising Botswana, Lesotho, Mozambique, Namibia, South Africa and Swaziland (the SADC EPA). On 10 October 2016 that agreement entered into … Continue reading

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Filed under Africa, Economic partnership agreement, EU, Trade law, Trade/WTO, Treaty negotiation, interpretation and impact

Brexit – future UK trade relations with the EU and with third countries

As an EU member state the UK is currently part of the EU internal market, which is one of the most advanced trade areas in the world and has been developed and extended since 1951. Originally referred to as the … Continue reading

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Filed under EU, News, Trade law, Trade/WTO, Treaty negotiation, interpretation and impact, UK

The future of ISDS in the EU: leaked non-paper reveals proposal for EU-wide investment agreement

In a recently leaked non-paper presented to the EU Council's Trade Policy Committee (available here), Austria, Finland, France, Germany and the Netherlands (the "Delegations") have proposed the introduction of an EU-wide investor-state dispute settlement ("ISDS") mechanism.  The proposal is an … Continue reading

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Filed under EU, Europe, ISDS Reform

UK Supreme Court: Secretary of State decision to remove the hold on an individual’s listing on the UN Security Council’s Consolidated List of members of Al Qaida and its associates was lawful.

This UK Supreme Court judgment signals the end of lengthy court proceedings concerning the legality of the decision of the UK's Secretary of State for Foreign and Commonwealth Affairs (the Foreign Secretary) that led to the listing of an Egyptian … Continue reading

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Filed under EU, UK, UN

Iran sanctions – UK updates guidance on doing business with Iran as implementation day approaches

Since the announcement of the Joint Comprehensive Plan of Action ("JCPOA") in July 2015, companies have been preparing for the relaxation of sanctions that will allow them to re-enter Iran.  As Implementation Day (the point at which some sanctions will … Continue reading

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Filed under EU, Iran, News, Sanctions, UN, US