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In Belokon v. Kyrgyzstan (Cass. Civ. 1ère, 23 March 2022, No. 17-17.981), the French Supreme Court upheld the 2017 decision of the Paris Court of Appeal to set aside a $15 billion UNCITRAL award rendered in favour of Latvian investor Valeri Belokon (Belokon) in a dispute with the Republic of Kyrgyzstan (the Award). According to … Read more
On 21 March 2022, the Member States of the International Centre for the Settlement of Investment Disputes (ICSID) approved wide-ranging amendments to the ICSID Regulations and Rules, which will come into effect on 1 July 2022. HSF Partner Andrew Cannon and Professional Support Consultant Vanessa Naish have considered the new rules in a post on … Read more
Welcome to the thirteenth issue of Inside Arbitration. We are delighted to share with you the latest interactive issue of this publication from Herbert Smith Freehills’ Global Arbitration Practice. 2022 opened with continued uncertainty in the global fight against the Covid-19 pandemic. This has tested all of our resilience, which has never been a more … Read more
We are pleased to share with you the details of two upcoming EFILA events: the 7th Annual Lecture, taking place in Brussels on Thursday 28 October 2021 (5:00 PM – 7:30 PM CEST); and the 7th Annual Conference, taking place in Amsterdam on Friday 4 February 2022 (09:00 – 18:00 CET). Read more
On 15 June 2021, the International Centre for the Settlement of Investment Disputes released its latest working paper as part of its Rules Amendment Project. In addition to proposing changes to the ICSID Convention and ICSID Additional Facility arbitration and conciliation, as covered in our earlier blog post, Working Paper 5 also refines the proposed … Read more
In a recent post on our Public International Law Notes blog, Christian Leathley, Amal Bouchenaki, Florencia Villaggi and Louis Thivierge consider the UNCITRAL Secretariat’s initial draft provisions on the regulation of third-party funding in Investor-State Dispute Settlement, which presents various potential models that the Working Group on Investor-State Dispute Settlement Reform may adopt for regulating … Read more
The International Centre for Settlement of Investment Disputes (“ICSID”) has released case statistics for 2020 (available here) showing a record number of new cases. While the figures confirm that the Covid-19 pandemic has not so far significantly affected the nature of those disputes, other changes – such as a shift to virtual hearings – are … Read more
Technology, media, and telecommunications (“TMT”) as an overarching sector has experienced sustained growth and turmoil for a number of years characterised by cross-border collaboration, expansion, consolidation and, of course, innovation. The sector (and in particular the telecommunications sector) remains a focus for direct investment and capital demands for the underlying infrastructure such as full fibre … Read more
Australia has reinforced its commitment to improving the global investment environment with the ratification of the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the “Mauritius Convention”. Read more