Public International Law

Advocate General issues opinion that the EU does not have exclusive competence to conclude the EU-Singapore Free Trade Agreement

In an opinion issued on 21 December 2016, EU Advocate General Eleanor Sharpston QC has concluded that the EU-Singapore Free Trade Agreement (EUSFTA) will need to be finalised by the European Union and the Member States acting jointly, i.e. entered … Continue reading

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Filed under Asia, Brexit, Europe, Investment Arbitration, ISDS, Public International Law, South East Asia, Trade law, Treaty negotiation, interpretation and impact

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

Herbert Smith Freehills secures victory for Kingdom of Spain in investor-state arbitration

Herbert Smith Freehills has helped secure a victory for the Kingdom of Spain in an investor-state arbitration under the Stockholm Chamber of Commerce rules commenced by two European investors Charanne B.V. (Netherlands) and Construction Investments S.à.r.l. (Luxembourg). The disputes concerned … Continue reading

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Filed under Europe, Investment Arbitration, News, Public International Law, Spain

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

TPP deal reached: investment arbitration survives

After a lengthy final period of negotiation in Atlanta, it has been announced that the TPP, the world’s largest mega-regional trade and investment deal, has been agreed. The investment chapter is not yet available but is briefly summarised on USTR’s … Continue reading

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Filed under Americas, Investment Arbitration, ISDS Reform, Latin America, News, Public International Law, The Americas, TPP, Trade law, Treaty negotiation, interpretation and impact

Arbitration partner and LatAm specialist Christian Leathley moves from London to New York

Herbert Smith Freehills is pleased to announce that Christian Leathley, partner in the International Arbitration and Public International Law groups, has moved to the firm’s New York office. Christian is both English and New York qualified. His practice centres on … Continue reading

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