Working Group II UNCITRAL Discussions of September 2020

02 December, 2020
The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group II (Arbitration and Conciliation/Dispute Settlement) (“WGII“)​ has published the advance copy of its report (the “Report“) on the discussions held between 21 and 25 September 2020 during its 72nd session. The Report provides details about the discussions around various issues, including: (i) the form … Read more

Settlement of Nissan’s investment treaty claim against India

23 June, 2020
India has in the past several years become involved in a considerable number of investment treaty claims by foreign investors.  While public data is not always available or accurate, the United Nations Conference on Trade and Development (“UNCTAD”) website, lists more than a dozen pending cases where India is respondent. This number seems to have … Read more

REPUBLIC OF DJIBOUTI RATIFIES ICSID CONVENTION

11 June, 2020
On 9 June 2020 the Republic of Djibouti became the 155th state to ratify the ICSID Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“the ICSID Convention”) following the depositing of its instrument of ratification with the World Bank. The ratification follows Djibouti’s signing of the Convention in April … Read more

ICSID RELEASES FOURTH WORKING PAPER ON ICSID RULES REVISION: INCREASING CONSENSUS, BUT NOTABLE DEVELOPMENTS

07 April, 2020
On 28 February 2020, the International Centre for Settlement of Investment Disputes (“ICSID“) Secretariat (the “Secretariat”) released its Fourth Working Paper on Proposals for Amendment of the ICSID Rules (“WP4”), the latest iteration of proposals for amended rules for investor-state dispute settlement (“ISDS“). The proposals build upon the proposed amended ICSID rules in Working Paper … Read more

UK Department for International Trade outlines proposed approach to FTAs with priority countries and launches public consultation on new tariff policy

07 February, 2020
Following the UK’s departure as a Member State from the EU on 31 January 2020, the UK is now considering pursuing Free Trade Agreements (“FTAs”) with the EU and the rest of the world. On 6 February, the Department for International Trade (“DIT”) outlined the UK Government’s proposed approach to the negotiation of FTAs with … Read more

The 42nd FA Mann lecture 2019

25 November, 2019
The 42nd FA Mann lecture 2019: “Preserving the Rule of Law in the Age of Trump” 26 November 2019 at 6pm The FA Mann lecture is an annual event in honour of the late Dr F A Mann QC (Hon) (1907-1991) arranged by the partners of Herbert Smith Freehills LLP, and given under the auspices … Read more

5TH EFILA ANNUAL CONFERENCE 2020: INVESTMENT PROTECTION IN THE EU: ALTERNATIVES TO INTRA-EU BITs (30 JANUARY 2020)

15 October, 2019
We are pleased to be hosting the fifth Annual Conference of the European Federation for Investment Law and Arbitration (EFILA), to take place on 30 January 2020 at Herbert Smith Freehills’ offices in London. This year’s conference will focus on ‘Investment Protection in the EU: Alternatives to Intra-EU BITs’, and will cover the topics: Investment/investor … Read more