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 stakeholders in key industries and focusses on the context of the negotiations and the interests and objectives laid out by the states in advance of the talks. It also offers our strategic view of what interested observers should watch for.

Part 2 looks into the (unofficial) US proposal to restructure NAFTA’s investor-state dispute settlement (ISDS) mechanism, transforming it into an “opt-in” regime under which each NAFTA state would elect whether or not to permit investors of other NAFTA parties to bring claims directly against it.

Don’t miss out on further updates, analysis and comment on the upcoming negotiation rounds.  Subscribe to our Public International Law blog by clicking here, and enter your email in the “subscribe” box.

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Brexit—the future of state-to-state, investor-state and domestic dispute resolution

The Brexit White Paper

The much-anticipated Brexit White Paper, ‘The United Kingdom’s exit from and new partnership with the European Union’, was published on 2 February 2017. This post focuses on a subject that has to date received relatively little attention—what it has to say about the future of dispute resolution. In its Chapter 2 (‘Taking control of our own laws’), and Annex A, the White Paper contains perhaps a surprising amount on dispute resolution, in comparison to the text devoted to the other eleven of the UK government’s 12 stated principles.

In this blog post we review the White Paper with the aim of discerning so far as possible the potential future of dispute resolution for the UK. In particular, we consider how the UK government envisages, at this relatively early stage, that disputes will be resolved under new post-Brexit UK-EU agreements, and if and how UK businesses will be able to enforce their provisions. We also consider certain implications of the end to the Court of Justice of the European Union (CJEU)’s jurisdiction in the UK and the adoption of the acquis under the Great Repeal Bill.

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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 take in dealing with a state to ensure an effective of waiver in respect of jurisdiction and enforcement.  To view the video, please click here.

Subscribers to our Arbitration Notes blog may also wish to subscribe to our Public International Law Notes blog for regular updates, analysis and comment on state immunity, investment treaty cases, investment protection, free trade agreements and other public international law issues. To subscribe to the Public International Law Blog, please click here, and enter your email in the “subscribe” box.

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