THE VIEW FROM BRUSSELS: THE NORTHERN IRELAND PROTOCOL BILL EU – UK TENSIONS GROW

22 June, 2022
On 13 June, the United Kingdom Government introduced to Parliament the Northern Ireland Protocol Bill that would unilaterally override the main content of the Northern Ireland Protocol (the “Protocol”) contained in the Withdrawal Agreement by which the UK left from the European Union. HSF Partner Lode Van Den Hende and Consultant Eric White have authored … Read more

ICJ orders Colombia immediately to cease activities in Nicaraguan EEZ waters

04 May, 2022
On April 21, 2022, the International Court of Justice (ICJ) delivered judgment in Nicaragua v. Colombia concerning alleged violations of sovereign rights and maritime spaces in the Caribbean Sea. Following a ruling rendered in 2012 in a territorial and maritime dispute between the two countries, the ICJ determined that Colombia breached its international obligation to … Read more

CEDR PRODUCES GUIDE TO INVESTOR-STATE MEDIATION

14 April, 2022
The Centre for Effective Dispute Resolution (CEDR) has released an investor-state Mediation Guide (the Guide) to assist lawyers and users of investor-state mediation with the process. HSF Partner, Andrew Cannon, a member of CEDR’s advisory group of leading practitioners, contributed to the Guide. Read more

ICSID MEMBER STATES APPROVE AMENDED 2022 ARBITRATION RULES

11 April, 2022
On 21 March 2022, the member states of the International Centre for the Settlement of Investment Disputes (ICSID) approved wide-ranging amendments to the ICSID Regulations and Rules, which will come into effect on 1 July 2022. The approved amendments are the product of a rule amendment project which commenced in October 2016, pursuant to which … Read more

ENGLISH COMMERCIAL COURT DETERMINES THAT A STATE-OWNED AIRLINE IS NOT ENTITLED TO BE SERVED IN ACCORDANCE WITH THE STATE IMMUNITY ACT

29 March, 2022
In AELF MSN 242, LLC (a Puerto Rico limited liability company) v De Surinaamse Luchtvaart Maatschappij N.V. D.B.A. Surinam Airways [2022] EWHC 544 (Comm), the English Commercial Court (the “Court“) considered whether the national flag carrier of Suriname (“SLM“) was entitled to be served with proceedings in accordance with s12(1) of the State Immunity Act … Read more

ICSID RELEASES 2021 ANNUAL REPORT FOR RECORD FINANCIAL YEAR

21 December, 2021
The International Centre for Settlement of Investment Disputes (“ICSID“) recently published its Annual Report for FY2021 (available here), concluding a financial year with multiple record achievements amid the Covid-19 pandemic, including a record number of cases registered and the largest number of cases ever administered at ICSID in a single fiscal year.  We have summarised … Read more

OVERVIEW OF THE LATEST COURT PRACTICE ON THE RUSSIAN SANCTIONS-RELATED AMENDMENTS—IS WINTER COMING?

29 November, 2021
This analysis was first published on Lexis®PSL on 29 October 2021 and can be found here (subscription required). Ivan Teselkin, partner, Maria Dolotova, of counsel, Alexander Gridasov, senior associate, and Sergei Eremin, senior associate, of Herbert Smith Freehills provide an overview of Russian court decisions on the impact of recent amendments to Russian law relating … Read more