Update on the future of ISDS: latest Working Group III UNCITRAL discussions

    The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group III (Investor-State Dispute Settlement Reform) (“WGIII“)​ has published its report (the “Report“) on the work conducted between 14 and 18 October 2019 during its 38th session. The Report provides details about the discussions around three issues in particular: (i) the establishment of an advisory … Read more

    European Commission issues procedural proposals for the Investment Court System envisaged under CETA

    In October 2019, the European Commission (the “Commission“) presented four proposals (the “Proposals“) to the Council of the European Union (the “Council“) with specific rules to establish the Investment Court System (“ICS“) envisaged under the EU-Canada Comprehensive Economic and Trade Agreement (“CETA“). If the Council and the EU Member States approve the Proposals, the EU … Read more

    The 42nd FA Mann lecture 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

    SPANISH COURT DECISION FOLLOWING END OF SUSPENSION OF THE US HELMS-BURTON ACT: JURISDICTION DECLINED IN CLAIM CONCERNING ASSETS NATIONALIZED BY CUBA

    The decision recently delivered in the case Central Santa Lucia L.C. v. Meliá Hotels International S.A., brought before the First Instance Court of Palma de Mallorca (the “Decision”), is one of the first rendered by a European court concerning confiscated property in Cuba after the end of suspension of Title III of the Libertad Act … Read more

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

    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

    DEALING WITH POLITICAL RISK IN THE MANUFACTURING BUSINESS

    London-based partner Nicholas Peacock has authored an article for Manufacturing Today Europe, together with associates Jerome Temme and Olga Dementyeva, covering how clients in the manufacturing sector can manage political risk when investing abroad.   Read more

    THE ENGLISH COURT’S APPROACH TO SERVICE OF DOCUMENTS ON A STATE

    London-based Partner Andrew Cannon and London-based Senior Associate Hannah Ambrose have authored an article for Lexis®PSL, discussing the English court’s approach to the service of documents on a state. The full article is presented here, and can also be accessed via our Arbitration blog. Read more