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In a landmark decision delivered on an accelerated timetable, the Court of Justice of the European Union (“CJEU“) has ruled that a Member State can unilaterally revoke its notice of intention to withdraw from the European Union (“EU“) under Article 50 of the Treaty on the European Union (“TEU“), upholding the opinion given by the … Read more
On 22 November, the 41st FA Mann Lecture was delivered by the Rt Hon Dominic Grieve QC MP, speaking on the issue: “Brexit – endgame of international engagement or a new start?” In the Lecture Mr Grieve observed that while “taking back control” may be a powerful idea in conditions where the decline in general … Read more
The European Federation for Investment Law and Arbitration (EFILA) will be holding its fourth Annual Conference, on 31 January 2019, at Herbert Smith Freehills’ offices in London. The conference will focus on four topics: the EU’s external investment policy; the EU’s investment policy towards Asia; constructing a multilateral investment court: the path ahead; and the … Read more
The Energy Charter Conference has issued a declaration following the 29th meeting of its Members. This year’s conference, hosted by Romania, focused on the role of innovation in driving energy security, sustainability and prosperity. Read more
The 41st of a series of annual lectures in honour of the late Dr FA Mann QC (Hon) (1907-1991) will take place tomorrow in London. This series of lectures, arranged by the Partners of Herbert Smith Freehills LLP, and given under the auspices of the British Institute of International and Comparative Law, focuses on issues … Read more
In a recent investment arbitration Award, in Cortec Mining v Kenya, an ICSID tribunal has declined jurisdiction over a claim brought by a trio of mining companies on the basis that the mining licences at issue had not been obtained lawfully due to the Claimants’ failure to obtain the required environmental impact assessments. In its … Read more
Following President Trump’s decision on 8 May, 2018 to withdraw the United States from the Joint Comprehensive Plan of Action (“JCPOA”), the US government announced that it would re-impose pre-JCPOA nuclear-related Iran sanctions (both primary and secondary) that were lifted under the JCPOA. As we reported previously, two “wind-down” periods—of 90 and 180 days respectively—commenced … Read more
In Ukraine v The Law Debenture Trust Corporation plc [2018] EWCA Civ 2026 the English Court of Appeal (the Court) partially upheld an appeal in favour of the state of Ukraine (Ukraine), reversing in part the summary judgment granted to The Law Debenture Trust Corporation plc (the Claimant) by the Commercial Court. The Claimant brought … Read more
Australia has become the 6th country to ratify the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), a trade deal between 11 Pacific nations. Australia’s ratification followed swiftly after Canada deposited its official notice of ratification on 24th October, joining Japan, Mexico, New Zealand and Singapore. The agreement will now come into force on 30th … Read more