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The International Centre for Settlement of Investment Disputes (“ICSID“) recently published its Annual Report for FY2021 (available here), concluding a financial year with multiple record achievements amid the Covid-19 pandemic, including a record number of cases registered and the largest number of cases ever administered at ICSID in a single fiscal year. We have summarised … Read more
This analysis was first published on Lexis®PSL on 29 October 2021 and can be found here (subscription required). Ivan Teselkin, partner, Maria Dolotova, of counsel, Alexander Gridasov, senior associate, and Sergei Eremin, senior associate, of Herbert Smith Freehills provide an overview of Russian court decisions on the impact of recent amendments to Russian law relating … Read more
A reminder that the 43rd of a series of annual lectures in honour of the late Dr FA Mann QC (Hon) (1907-1991) will take place in London on 18 November 2021. This series of lectures is arranged by the Partners of Herbert Smith Freehills LLP and given under the auspices of the British Institute of … Read more
The 43rd of a series of annual lectures in honour of the late Dr FA Mann QC (Hon) (1907-1991) will take place in London on 18 November 2021. This series of lectures is arranged by the Partners of Herbert Smith Freehills LLP and given under the auspices of the British Institute of International and Comparative … Read more
The United Nations Conference on Trade and Development (“UNCTAD“) has recently published its report (available here) on investor-state dispute settlement (“ISDS“) cases in 2020 (“Report“). The Report confirms that in 2020, investors initiated at least 68 publicly known ISDS cases pursuant to various international investment agreements (“IIAs“). This marks an increase in the number of … Read more
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
In General Dynamics United Kingdom Ltd v State of Libya [2021] UKSC 22 the Supreme Court (the “Court“), by a majority of 3 to 2, held that s12(1) State Immunity Act 1978 (the “SIA“) contains a “mandatory and exclusive” procedure for the service of documents instituting court proceedings on a State through the Foreign, Commonwealth … Read more
On 24 June 2021, an international panel of legal experts (the Panel) published a legal definition of ‘ecocide’ (the Proposal, link) proposed to be adopted as a fifth crime to the Rome Statute of the International Criminal Court (the ICC or the Court). The Rome Statute addresses crimes that are deemed to be of international … Read more
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