MERCOSUR AND THE EUROPEAN UNION AGREE HISTORIC AND AMBITIOUS TRADE AGREEMENT

On June 28, 2019, the European Union and the Common Market of the South (“Mercosur”), announced they had reached a trade deal after twenty years of negotiations (the “EU-Mercosur Agreement”).  While the agreement in principle is still subject to ratification by the national parliaments of the member states of both blocs, the European Parliament and … Read more

Herbert Smith Freehills launches blog series on NAFTA renegotiations

Herbert Smith Freehills is pleased to announce the launch of a new series of blog posts which will report on the latest developments in the NAFTA renegotiations. The series will run on our Public International Law Blog which provides analysis and commentary on public international law issues. The series’ opening post provides practical insights to … Read more

NAFTA Renegotiation: ISDS reform objectives

The United States will lobby for changes to the investor-state dispute settlement (“ISDS”) provisions of the North American Free Trade Agreement (“NAFTA”) in the upcoming discussions to renegotiate the regional treaty. ISDS reform is one of several “negotiating objectives” announced last month by the Office of the United States Trade Representative (the “USTR”), the federal … Read more

Ecuador’s legislative branch approves termination of 12 Bilateral Investment Treaties

On 3 May 2017, Ecuador's Legislature approved the termination of 12 bilateral investment treaties ("BITs") entered into with China, Chile, Venezuela, the Netherlands, Switzerland, Canada, Argentina, the U.S., Spain, Peru, Bolivia and Italy. This is not only consistent with Ecuador's political appetite to denounce international treaties but this is another step in a process that … Read more

Live webcast of hearing on jurisdiction and the merits: David Aven et al. v. Republic of Costa Rica (UNCITRAL Case No. UNCT/ 15/3) – Public Hearing

A hearing on jurisdiction and the merits in UNCITRAL Case No. UNCT.15/3, will be transmitted live in English and Spanish via internet feed from Monday, December 5, 2016 to Monday, December 12, 2016, excluding Saturday and Sunday, from 9:00 a.m. to approximately 6:00 p.m. EST. The live streaming is being made available pursuant to Article 10.21.2 … Read more

India and Brazil conclude negotiations of Bilateral Investment Treaty

As previously noted in April 2015, India amended its model bilateral investment treaty (the Indian Model BIT) and has reportedly been deploying it in recent months to seek to re-negotiate bilateral investment treaties (BITs) with over 47 countries (see previous post of July 2016). One of these negotiations was with Brazil, a country historically known … Read more

TTIP: 12th Round of Negotiations concludes, investment protection remains high on the agenda; plus newly published CETA text includes EU’s Investment Court System proposal

The 12th Round of Negotiation of the TTIP, which concluded last week in Brussels, provided the first opportunity for the negotiating parties to discuss the EU's proposed Investment Chapter. The EU's formal proposal for the Investment Chapter, which is discussed here, includes a two-tiered Investment Court System (ICS) for resolution of investor-state disputes. As noted … Read more

Inside Arbitration: the new global publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the new publication from Herbert Smith Freehills' Global Arbitration Practice, Inside Arbitration. In our first edition: Dr Jacomijn van Haersolte-van Hof, Director General of the London Court of International Arbitration considers how the 2014 Rules are working in practice and the LCIA's efforts to share more information with … Read more