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On 4 August 2022, the International Centre for Settlement of Investment Disputes (ICSID) released its latest Annual Report for FY2022. We discuss the report in our new blog piece, published on our Public International Law blog here. Read more
A reminder that the 43rd of a series of annual lectures in honour of the late Dr FA Mann QC (Hon) (1907-1991) will take place in London on 18 November 2021. This series of lectures is arranged by the Partners of Herbert Smith Freehills LLP and given under the auspices of the British Institute of … Read more
The 43rd of a series of annual lectures in honour of the late Dr FA Mann QC (Hon) (1907-1991) will take place in London on 18 November 2021. This series of lectures is arranged by the Partners of Herbert Smith Freehills LLP and given under the auspices of the British Institute of International and Comparative … Read more
On June 30, 2021, Ecuador’s Constitutional Court (Constitutional Court) held that President Guillermo Lasso had the power to ratify the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) without the approval of Ecuador’s National Assembly (the Decision).[1] The Constitutional Court also held that the ratification of the … Read more
Sovereign wealth funds invest across a range of asset classes and engage in capital markets and loan transactions. Their engagement in these activities is consistent with that of any other commercial actor. However, the connection between a sovereign wealth fund and the State by which it has been created raises the question of whether the … Read more
In a recently surfaced judgment, the Malaysian High Court in Government of Malaysia v Nurhima Kiram Fornan & Ors (Originating Summons No. BKI-24NCvC-190/12-2019 (HC2)) for the first time granted an anti-arbitration injunction to restrain foreign arbitration proceedings on the basis of sovereign immunity. Read more
The COVID-19 pandemic has brought about an unprecedented level of state action as governments around the world make difficult decisions in response to the spread of the virus. Over the past few months this has resulted in a variety of measures in different countries, including the suspension of contractual rights, social distancing regulations, the requisitioning … Read more
Herbert Smith Freehills has helped secure an important victory for the Kingdom of Spain in a long-running investor-state arbitration concerning regulatory changes made by Spain in 2010 to the Feed-in Tariff regulation governing the photovoltaic (“PV”) sector in Spain. Read more
The International Centre for Settlement of Investment Disputes (“ICSID”) has released case statistics for 2019 and updated their records for cases since 1972 (available here). ICSID has historically administered the majority of investor-state claims and these statistics remain an important bellwether for trends in such disputes. The 2019 statistics show that a lower number of … Read more