Video post: State immunity and waiver of immunity issues in English law

Andrew Cannon, Partner in our International Arbitration and Public International Law practices has posted a short video on our Public International Law Notes blog on “State immunity and waiver of immunity issues in English law”.  Andrew discusses the restrictive doctrine of immunity enshrined in the English State Immunity Act 1978 and describes the steps a party should … Read more

TPP deal reached: investment arbitration survives

After a lengthy final period of negotiation in Atlanta, it has been announced that the TPP, the world’s largest mega-regional trade and investment deal, has been agreed. The investment chapter is not yet available but is briefly summarised on USTR’s website here. As anticipated, the TPP includes substantive investment protections found in many investment agreements, … Read more

Arbitration partner and LatAm specialist Christian Leathley moves from London to New York

Herbert Smith Freehills is pleased to announce that Christian Leathley, partner in the International Arbitration and Public International Law groups, has moved to the firm’s New York office. Christian is both English and New York qualified. His practice centres on arbitration of investment disputes, including under investment treaties and other international agreements.  Christian is currently … Read more

European Commission publishes draft investment chapter for the TTIP, including investment protection provisions and the establishment of an International Investment Court

On 16 September the European Commission published detailed draft proposals for the investment chapter in the proposed Transatlantic Trade and Investment Partnership treaty between the EU and the US (“TTIP”). The full text is available here. The chapter includes detailed investment protections and the establishment of an International Investment Court to resolve disputes under the … Read more

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin.   In this issue, we review a number of recent arbitration-related decisions of the Indian courts, in particular a Supreme Court ruling on applicability of BALCO to an agreement varied after 6 September 2012 and a decision by the Delhi High Court … Read more

Upcoming webinar: The changing landscape of Investment Treaty arbitration – Tuesday 23 June 2015 – 12.45pm BST

There has never been a time of greater public engagement in the whole system of Investment Treaties and the Investor State Dispute Settlement (ISDS) provisions contained within them. The ongoing negotiation of both the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership has provoked very heated legal and political debate from both sides of … Read more

EU Commission issues “Concept Paper” on ISDS in the TTIP and beyond: proposals for “profound reform”

Further to its report on the outcome of the consultation on investment protection and investor-state dispute settlement in the TTIP, the EU Commission has issued a “Concept Paper” which envisages a very different future for resolution of investor-state disputes. The Concept Paper builds on the four key areas which the Commission previously identified as requiring … Read more

Herbert Smith Freehills and Chatham House event on TTIP: meeting report now available

As reported in our previous post, on Wednesday 4th March Herbert Smith Freehills hosted an event in partnership with Chatham House (the Royal Institute for International Affairs, London), seeking to explore the opposition to the TTIP and, in particular, the Investor State Dispute Settlement (ISDS) chapter within it. Chaired by HSF partner, Andrew Cannon, the … Read more

Head of India Arbitration Practice, Nick Peacock, comments on India’s draft Model BIT 2015 for CNBC TV18’s “The Firm”

As reported in our recent blog post here, India has recently released a draft  “Model Text for the Indian Bilateral Investment Treaty” (“Model BIT“).  Head of the India Arbitration Practice, Nick Peacock was invited to comment on the Model BIT for CNBC TV18’s The Firm, India’s only television programme covering corporate law, M&A, financial regulation, … Read more