Australian Joint Standing Committee on Treaties approves new investment treaties between Australia, Hong Kong and Indonesia

The Joint Standing Committee on Treaties (“JSCOT“) of the Australian Parliament has just released Report No. 186 examining three treaties: the Free Trade Agreement between Australia and Hong Kong, China (“HK-FTA“), the Investment Agreement between the Government of Australia and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China … Read more

RECENT DEVELOPMENTS IN INDIA-RELATED INVESTMENT TREATY ARBITRATION

In this issue we consider India-related investment treaty developments (“BITs“), starting with the signing of India’s new BITs with Belarus and Taiwan. We then consider new investment treaty claims commenced by Indian investors against Saudi Arabia and Macedonia, as well as new claims commenced against India, including the potential claim brought by a Portuguese investor … Read more

RECENT DEVELOPMENTS IN “CRIMEAN” INVESTMENT ARBITRATION CLAIMS

As we previously reported[1], the events of 2014 in Crimea have, aside from their geopolitical impact, also resulted in numerous investment arbitration claims being brought against Russia by Ukrainian companies in relation to their assets and investments in Crimea.  While these cases are ongoing, and while there are limited details in the public domain, the … Read more

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

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

UKRAINIAN ARBITRATION CLAIMS FOLLOWING EVENTS IN CRIMEA

London-based partner Nicholas Peacock has authored an article for Law360, together with former Herbert Smith Freehills intern Paula Daniela Cala, covering Ukrainian arbitration claims against Russia arising out of events in Crimea in 2014. Read more

FINAL DUTCH MODEL BIT PUBLISHED: POTENTIAL FOR CLAIMS AGAINST INVESTORS AND LINK BETWEEN GENDER EQUALITY AND INVESTMENT

The Dutch Government has recently published the final version of its model Bilateral Investment Treaty (the Model BIT). The key changes since the May 2018 Draft Model BIT (discussed in our blog post here) are addressed below. The Model BIT includes some practical guidance for investors as to how the requirement of “substantive business interests” … Read more

Third party intervention in investment arbitration: Tribunal admits NGO submissions in Gabriel Resources’ claim against Romania concerning mining project

The Tribunal in Gabriel Resources v Romania recently issued an order (the Order) in response to an application (the Application) made by three Romanian NGOs, as non-disputing parties, for participation and an amicus submission (the Submission) in an ICSID arbitration under the Canada-Romania BIT (the BIT). Gabriel Resources’ allegations of breach of the BIT arise … Read more