Tag Archives: Christian Leathley

Herbert Smith Freehills appoints Christian Leathley US Head of International Arbitration

Herbert Smith Freehills has appointed Christian Leathley to the role of US Head of International Arbitration in New York. Christian, who is also the Head of the firm’s Latin America Group, is based in Herbert Smith Freehills’ New York office, where he … Continue reading

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Filed under News, The Americas

The new draft Dutch BIT: what does it mean for investor mailbox companies?

The Netherlands has released a new draft investment treaty for public comment (“Draft BIT“).  If adopted, the Draft BIT may raise questions about the Kingdom’s attractiveness for foreign investors who have long taken advantage of Dutch treaty protections by structuring … Continue reading

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Filed under EU, EU Law, Europe, International Human Rights, Investment Arbitration, ISDS, Public International Law

Dawood Rawat v Mauritius: Dual-national claim dismissed based on treaty context interpretation

On 6 April 2018, a Tribunal constituted under the UNCITRAL Arbitration Rules rendered an Award on Jurisdiction in the case Dawood Rawat v. The Republic of Mauritius (PCA Case 2016-20).  Following a thorough analysis of the interpretation of the 1973 … Continue reading

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Filed under Investment Arbitration, ISDS, Jurisdiction

State-to-State dispute settlement under the EU’s draft Withdrawal Agreement: CJEU jurisdiction not arbitration

We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in the Withdrawal Agreement between the EU and the UK. The EU has never made … Continue reading

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Filed under Brexit, EU, Europe, Public International Law

Inside Arbitration: Issue #5 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insights about the markets and industries in which our clients operate, … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Asia, DIFC, Europe, Hong Kong & China, Interim relief, Investment Arbitration, ISDS, Middle East, Procedures in arbitration, Public International Law, Publications and Guides, South East Asia

Event: Investing in Latin America: How best to protect your investments, Thursday 8 March 2018

Herbert Smith Freehills and the ICC warmly invite you to attend ‘Investing in Latin America: How best to protect your investments?‘ Date Thursday 8 March 2018 Time 18:00: Registration 18:30: Panel discussion followed by drinks and networking Venue Exchange House, … Continue reading

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Filed under Events, News, The Americas

Bear Creek Mining Corp. v. Peru: the potential impact on damages of an investor’s contributory action and failure to obtain a social license

In an award dated 30 November 2017 (the “Award“), an ICSID Tribunal ordered Peru to pay around US$30.4million to Canadian company Bear Creek Mining (the “Claimant“) following its finding that a 2011 decree (“Decree 032“) constituted an unlawful indirect expropriation … Continue reading

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Filed under Awards, Damages, International Human Rights, Investment Arbitration, ISDS, The Americas

US Court blocks enforcement of award due to effect of the terms of arbitration agreement

In Diag Human S.E. v Czech Republic Ministry of Health, the United States District Court for the District of Columbia (the Court) has dismissed an application brought by Diag Human (Diag) to enforce a 2008 arbitration award it obtained against … Continue reading

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Filed under Arbitration clauses, Enforcement, Europe, Procedures in arbitration, The Americas

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 … Continue reading

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Filed under Investment Arbitration, ISDS, Public International Law, The Americas, Trade Agreements

Second Circuit Upends Enforcement of ICSID Awards in New York, Eliminates Circuit Split

In a ruling handed down on July 11, 2017, the United States Court of Appeals for the Second Circuit resolved a circuit split that had sown legal uncertainty on the correct procedure for the enforcement in the United States of … Continue reading

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Filed under Enforcement, Investment Arbitration, ISDS, Public International Law, Sovereign Immunity, The Americas