DISPUTE RESOLUTION CHOICES FOR BANKS AND FINANCIAL INSTITUTIONS IN A POST-BREXIT WORLD: OPTING FOR ARBITRATION?

30 October, 2019
Partner Andrew Cannon and Senior Associate Hannah Ambrose have authored an article for Butterworths Journal of International Banking and Financial Law, discussing the suitability of arbitration as a dispute resolution mechanism for banks and other financial institutions post-Brexit. The article explores the current uncertainty surrounding the enforcement of English court judgments post-Brexit, whilst comparing and … Read more

5TH EFILA ANNUAL CONFERENCE 2020: INVESTMENT PROTECTION IN THE EU: ALTERNATIVES TO INTRA-EU BITs (30 JANUARY 2020)

15 October, 2019
We are pleased to be hosting the fifth Annual Conference of the European Federation for Investment Law and Arbitration (EFILA), to take place on 30 January 2020 at Herbert Smith Freehills’ offices in London. This year’s conference will focus on ‘Investment Protection in the EU: Alternatives to Intra-EU BITs’, and will cover the topics: Investment/investor … Read more

CJEU CONFIRMS THAT CETA DISPUTE RESOLUTION PROVISION IS COMPATIBLE WITH EU LAW

23 May, 2019
On 30 April 2019, the Court of Justice of the European Union (“CJEU“) confirmed that the mechanism for the settlement of disputes between investors and states set out in the Comprehensive Economic and Trade Agreement between the EU and Canada (“CETA“) was compatible with EU law. This confirms the Attorney General’s opinion discussed here. The … Read more

HSF team play key role in significant ICSID Award dealing with an Intra-EU BIT Case

22 October, 2018
Members of the HSF Paris disputes team have played a key role in obtaining a successful ICSID award for Chèque Déjeuner (“CD“), the French meal voucher issuer. The claim related to tax reforms introduced by the Orban government which effectively excluded CD (and other foreign voucher-issuers) from the Hungarian market. As a result, CD commenced … Read more

State to state dispute resolution in the UK Government’s White Paper: arbitration with a potential role for the CJEU

13 July, 2018
The White Paper published yesterday, “The Future Relationship between the United Kingdom and the European Union”, includes the UK Government’s proposal for the resolution of disputes between the UK and the EU under what the UK Government views as an “Association Agreement”. This Association Agreement would form the institutional framework for the relationship, with a … Read more

The new draft Dutch BIT: what does it mean for investor mailbox companies?

30 May, 2018
The Netherlands has released a new draft investment treaty for public comment (“Draft BIT“).  If adopted, the Draft BIT may raise questions about the Kingdom’s attractiveness for foreign investors who have long taken advantage of Dutch treaty protections by structuring their investment via companies in the Netherlands.  The Netherlands proposes to use the new model … Read more