Europe

Second Wave of United States Sanctions Against Iran Re-Imposed

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 … Continue reading

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Filed under Europe, Iran, Middle East, News, Sanctions, US

Climate Change: Dutch Court of Appeal upholds the decision of the Hague District Court in Urgenda Foundation v Kingdom of the Netherlands

The Dutch Court of Appeal (the “Court”) has upheld the 2015 decision of the Hague District Court in the case of Urgenda Foundation v Kingdom of the Netherlands, and ruled that the State (ie the Kingdom of the Netherlands) has … Continue reading

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Filed under ECHR, Environment, Europe, News

Brexit: dispute resolution between the EU and the UK, under the withdrawal agreement and in the event that there is “no deal”

At a critical time in the Brexit negotiations, in the latest podcast on the Herbert Smith Freehills Podcast channel, Andrew Cannon and Hannah Ambrose discuss dispute resolution between the UK and the EU. They look at the way in which … Continue reading

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Filed under Brexit, EU, EU Law, Europe, State to state claims, Treaty negotiation, interpretation and impact, UK

English Court rejects Ukraine’s attempt to set aside enforcement order on grounds of state immunity

The English Court (the “Court“) has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce an arbitral award against Ukraine.  Ukraine argued that it was immune from the Court’s jurisdiction by … Continue reading

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Filed under Abuse of process, Arbitration Proceedings, Award, Enforcement, Europe, Immunity, Investment Arbitration, ISDS, MFN, Oil & Gas, Privileges and immunities, Sovereign Immunity/State Immunity, Ukraine

State to state dispute resolution in the UK Government’s White Paper: arbitration with a potential role for the CJEU

The White Paper published yesterday, “The Future Relationship between the United Kingdom and the European Union”, includes the UK Government’s proposal for the resolution of disputes between the UK and the EU under what the UK Government views as an … Continue reading

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Filed under Brexit, EU, EU Law, Europe, State to state claims, Treaty negotiation, interpretation and impact, UK

The new draft Dutch BIT: what does it mean for investor mailbox companies?

The Netherlands has released a new draft investment treaty for public comment (“Draft BIT“).  If adopted, the Draft BIT may raise questions about the Kingdom’s attractiveness for foreign investors who have long taken advantage of Dutch treaty protections by structuring … Continue reading

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Filed under Europe, Investment Arbitration, ISDS, ISDS Reform, MFN, Public International Law, Structuring Investments, Treaty negotiation, interpretation and impact

EU – Japan EPA presented to the European Council, ratification begins

On 18 April 2018 the European Commission (the “Commission“) presented the finalised text of the EU-Japan Economic Partnership Agreement (“EPA“) to the European Council and thereby took the first step in the EPA’s ratification process at the EU level.  Getting … Continue reading

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Filed under Asia, Economic partnership agreement, EU, Europe, Japan, Treaty negotiation, interpretation and impact

EU Council publishes Negotiating Directives for Convention establishing a Multilateral Investment Court: no real surprises but a couple of gaps

On 20 March, 2018 the Council of the European Union published negotiating directives dated 1 March 2018 authorizing the European Commission to negotiate a convention establishing a multilateral court for the settlement of investment disputes between investors and states. Whilst … Continue reading

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Filed under EU, Europe, Investment Arbitration, ISDS, ISDS Reform, Treaty negotiation, interpretation and impact

State-to-State Dispute Settlement under the EU’s latest draft of the Withdrawal Agreement: CJEU jurisdiction remains

On 15 March 2018 the European Commission published a revised version of the draft Withdrawal Agreement between the EU and the UK previously published on 28 February 2018 following consultation with the Member States and the European Parliament. The revised … Continue reading

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Filed under Brexit, EU, EU Law, Europe, State to state claims, UK

State-to-State dispute settlement under the EU’s draft Withdrawal Agreement: CJEU jurisdiction not arbitration

We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in the Withdrawal Agreement between the EU and the UK. The EU has never made … Continue reading

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Filed under Brexit, EU, Europe, Public International Law, State to state claims