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

THE EUROPEAN COMMISSION’S EVALUATION AND FITNESS CHECK ROADMAP: AN OPPORTUNITY TO IMPROVE THE EU-CENTRAL AMERICA ASSOCIATION AGREEMENT

On 29 June 2012, the European Union and the six partner countries in Central America – Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama – signed an Association Agreement (the EU-Central America Association Agreement) (the “Association Agreement“).  The purpose of this FTA was to develop trade and investment relations between parties. On 13 May … Read more

ICSID releases updated rules proposal and compendium of State and public comments

On 15 March 2019, following public consultations with states and stakeholders, ICSID released its second draft working paper of its proposed amendments to its body of rules.  In the “most comprehensive” exercise at amending its rules in ICSID’s history (the last one being over 13 years ago) the proposed amendments cover – amongst others – … Read more

LANDMARK RULING ON THE WTO NATIONAL SECURITY EXCEPTION

In a landmark decision concerning Ukraine’s complaint against Russia’s transit restrictions, a WTO Panel has ruled for the first time on the nature of the GATT national security exception. The Panel took the view that the invocation of the exception is justiciable and subject to scrutiny by the WTO Dispute Settlement Body (DSB). This is contrary to the position … Read more