Tag Archives: investment arbitration

A Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Key points The ministers responsible for the Trans-Pacific Partnership (TPP) of 11 countries have announced that the core elements of a Comprehensive and Progressive Agreement for Trans-Pacific Partnership are agreed (CPTPP). While much of the original TPP looks to remain … Continue reading

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Filed under Australia, East Asia, Investment Arbitration, ISDS, Japan, Malaysia, News, Public International Law, Singapore, South East Asia, The Americas, TPP, Trade law, Treaty negotiation, interpretation and impact, US, Vietnam

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

Arbitration and intra-EU BITs – German Bundesgerichtshof weighs in on the discussion

In its decision of 3 March 2016 (I ZB 2/15), published on 11 May 2016, the German Federal Court of Justice ("BGH") announced that it would request the Court of Justice of the European Union ("CJEU") to make a preliminary … Continue reading

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Filed under EU Law, Investment Arbitration

Video post in “Observations on Arbitration” series: “An introduction to the Fair & Equitable Treatment Standard”

In this video post in the “Observations on Arbitration” series, Christian Leathley provides an Introduction to the Fair and Equitable Treatment (FET) Standard in investment arbitration. Christian discusses the circumstances in which the FET standard has been applied, and the key elements … Continue reading

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Filed under Investment Arbitration, Video

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

Video post in “Observations on Arbitration” series: “Introduction to Investment Arbitration”

In this video post in the "Observations on Arbitration" series, Christian Leathley provides an Introduction to Investment Arbitration, discussing the ways in which an investment arbitration can arise, explaining what bilateral investment treaties (BITs) are and outlining the nature of … Continue reading

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Filed under Investment Arbitration, Video

The changing landscape of Investment Treaty arbitration – Herbert Smith Freehills comments on recent developments and the future of investment arbitration

As the US Senate is poised to pass legislation granting President Obama the trade promotion authority which will facilitate the passing of the Trans-Pacific Partnership Agreement (TPP), the future of the most controversial parts of the TPP and many other … Continue reading

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Filed under Investment Arbitration

Herbert Smith Freehills hosts TTIP event in partnership with Chatham House

On Wednesday 4th March Herbert Smith Freehills hosted an event in partnership with Chatham House (the Royal Institute for International Affairs, London), seeking to explore the opposition to the TTIP and, in particular, the Investor State Dispute Settlement (ISDS) chapter … Continue reading

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Filed under Investment Arbitration, News

Forthcoming Chatham House and Herbert Smith Freehills Symposium: “TTIP: shaping the future for investor-state dispute settlement” – 4 March 2015

The proposed Transatlantic Trade and Investment Partnership (TTIP) between the EU and the US, two of the world’s largest economies, is intended to remove trade barriers, create wealth and promote investment.  On 13 January, the European Commission published the results … Continue reading

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Filed under Americas, Investment Arbitration, ISDS Reform, News, Treaty negotiation, interpretation and impact