ARBITRATION, BUSINESS, AND HUMAN RIGHTS

    Ten years ago this summer, the United Nations Human Rights Council unanimously endorsed the Guiding Principles on Business and Human Rights (the “UNGPs”). The UNGPs are perhaps the most prominent manifestation of an accelerating global trend toward accounting for a legal or quasi-legal obligation on the part of corporations to conduct business in a manner that respects … Read more

    ICSID RELEASES FIFTH WORKING PAPER ON ICSID RULES REVISION: THE LAST CHANGES BEFORE THE FINAL VOTE?

    On June 15, 2021, the International Centre for Settlement of Investment Disputes (“ICSID“) Secretariat published its Fifth Working Paper on Proposals for Amendment of the ICSID Rules (“WP5“), featuring the proposals for amended ICSID rules on arbitration. The proposals build upon the suggested amended rules in Working Paper 4 (“WP4“), and address issues such as … Read more

    LONDON CLIMATE ACTION WEEK 26 JUNE – 4 JULY 2021

    We are proud to be a part of London Climate Action Week 2021 (LCAW), the annual event bringing together world-leading climate professionals and communities across London and beyond to find practical solutions to climate change. Founded in 2019, LCAW is the largest independent climate change event in Europe, helping to shape our future into one that is … Read more

    CANADA’S NEW 2021 MODEL BIT

    On May 12, 2021, Canada published its new Model Foreign Investment Promotion and Protection Agreement (the “New Model BIT”), revising the 2004 Model Agreement for the Promotion and Protection of Investments (the “2004 Model BIT”). The New Model BIT modernizes Canada’s framework and brings a few interesting innovations in the Bilateral Investment Treaty (“BIT”) world. … Read more

    UNCITRAL PUBLISHES INITIAL DRAFT ON THE REGULATION OF THIRD-PARTY FUNDING IN INVESTOR-STATE DISPUTE SETTLEMENT

    The UNCITRAL Secretariat has published initial draft provisions on the regulation of third-party funding in Investor-State Dispute Settlement (ISDS). The draft presents various potential models that the Working Group on Investor-State Dispute Settlement Reform (Working Group III, the “Working Group”) may adopt for regulating third-party funding. It includes proposed definitions, possible sanctions for inadmissible third-party … Read more

    UPDATE ON THE FUTURE OF ISDS: WORKING GROUP III UNCITRAL DISCUSSIONS OF FEBRUARY 2021

    The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group III (Investor-State Dispute Settlement Reform) (“WGIII“)​ has published the advance copy of its report (the “Report“) on the work conducted between 8 and 12 February 2021 during its resumed 40th session. The Report provides details about the discussions around the following issues: (i) the selection and … Read more

    HERBERT SMITH FREEHILLS TO PARTICIPATE IN LONDON INTERNATIONAL DISPUTES WEEK

    London International Disputes Week 2021 (LIDW21) comes at a significant period for the UK legal sector, in the wake of the Covid-19 pandemic, post-Brexit and amid an uncertain global political environment. With its theme: “Looking forward: change, challenge and opportunity”, LIDW21 will provide crucial insights on the business and law of international dispute resolution. The programme draws … Read more