Tag Archives: Andrew Cannon

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

Leave a Comment

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

A law on immunity from enforcement in France

The 'Law on Transparency, Anti-corruption Measures and the Modernisation of the Economy' presented by Michel Sapin, Minister for the Economy and Finance, to the Council of Ministers on 30 March 2016, known as the « Sapin II » law, has … Continue reading

Leave a Comment

Filed under France, Immunity, Sovereign Immunity/State Immunity

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

Leave a Comment

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

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

Leave a Comment

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

English court declines execution against state-owned property on grounds of immunity

In L R Avionics Technologies Limited v. The Federal Republic of Nigeria, Attorney General of the Federation of Nigeria [2016] EWHC 1761 (Comm), the English High Court has set aside a charging order enforcing an arbitral award and related foreign … Continue reading

Leave a Comment

Filed under Immunity, News, Sovereign Immunity/State Immunity, State Immunity

Final Award published in the South China Sea arbitration

On 12 July 2016, the final Award in the arbitration between the Republic of the Philippines and The Peoples' Republic of China was issued by the Tribunal constituted under the United Nations Convention on the Law of the Sea ("UNCLOS"). … Continue reading

Leave a Comment

Filed under Award, Boundaries and Delimitation, China, South East Asia, sovereignty, State to state claims, Treaty negotiation, interpretation and impact, UNCLOS

High Court rules that the principle of non-justiciability, unlike state immunity, cannot be waived

In a recent judgment of 21 June 2016 on a number of summary judgment applications in the case of High Commissioner for Pakistan in the United Kingdom ("Pakistan") v National Westminster Bank (the "Bank"), the English High Court considered the … Continue reading

Leave a Comment

Filed under Act of State Doctrine, Immunity, non-justiciability, State Immunity, UK

Clarifying the scope of state and diplomatic immunity under English law- the case of Attiya v Jaber Al Thani

Herbert Smith Freehills Partners Dominic Roughton and Andrew Cannon have given an interview to Lexis Nexis following the English court's decision in Attiya v Jaber Al Thani [2016] EWHC 212 (QB). During the interview Andrew and Dominic consider how the English … Continue reading

Leave a Comment

Filed under Sovereign Immunity/State Immunity, State Immunity

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

Leave a Comment

Filed under ISDS Reform, News