Treaty negotiation, interpretation and impact

CJEU upholds opinion of Advocate General and rules that UK can unilaterally cancel Brexit by revoking Article 50

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 … Continue reading

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Filed under Brexit, EU, EU Law, Treaty negotiation, interpretation and impact, UK

Energy Charter Declaration 2018 – Modernisation of the ECT

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.

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Filed under News, Public International Law, Treaty negotiation, interpretation and impact

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) to come into force on 30th December

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 … Continue reading

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Filed under Economic partnership agreement, ISDS Reform, Treaty negotiation, interpretation and impact

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

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

Update on the future of ISDS: the discussions within UNCITRAL Working Group III – no apparent consensus to date

After a number of years of public debate in a variety of fora, the discussion of the future development of investor-state dispute settlement (ISDS) has recently moved to the United Nations Commission on International Trade Law (UNCITRAL). UNCITRAL Working Group … Continue reading

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Filed under Investment Arbitration, ISDS, ISDS Reform, 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

North American trade and investment developments: No new NAFTA (for now), and Mexico signs the ICSID Convention

One month into 2018, the future of NAFTA continues to hang in the balance. The negotiating parties will reportedly convene in Ottawa for the sixth of seven planned negotiating sessions from January 23 – 29th.[1] The parties initially hoped to … Continue reading

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Filed under Americas, Economic partnership agreement, Investment Arbitration, ISDS, ISDS Reform, News, Public International Law, Treaty negotiation, interpretation and impact, US