“Planes, paintings and Russian space assets” – Practicalities, challenges, successes and failures in the enforcement of arbitral awards against states and state entities

Wednesday 6 July 2016, 12.45 – 1.45pm BST

States are increasingly involved in disputes arising from commercial transactions and arbitrations with investors under various bilateral and multilateral investment treaties.  Resolving a dispute with a state is only the first step – more significant is the ability to enforce the award.

In this webinar, our speakers will draw on recent examples to discuss:

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Investor’s claims against Peru thrown out due to abusive corporate restructuring to acquire treaty rights

In an award rendered on 9 January 2015, an ICSID tribunal (Gabrielle Kaufmann-Kohler (presiding), Eduardo Zuleta, and Raúl Vinuesa), determined that one of the Claimants had acquired shares in a Peruvian company only for the purpose of obtaining treaty rights, in relation to a foreseeable dispute and less than two weeks before the announcement of the State measures at issue in the case. The Tribunal concluded that the only plausible reason for the restructuring was to provide an investment treaty claim against Peru. The restructuring was therefore abusive. On that basis, the Tribunal declined to rule on the merits of the case, dismissed the claims, and ordered the Claimants to pay the Republic of Peru more than US$1.5 million in costs.

Investors are increasingly alive to the investment protections offered by bilateral and multilateral investment treaties.  Not all structuring (or re-structuring) of investments will constitute an abuse of process and with careful advance planning, investors can make their investments using the right vehicle and transaction structure to ensure the best treaty protections possible. For more information on this topic, please contact Jane Webber to access our webinar on Structuring Investments and Maximising Treaty Protection.

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Upcoming webinar: Instability in Iraq and the implications for international energy contracts

Tuesday 21 October 2014, London, Dubai, Tokyo

9.30 – 10.30am BST
12.30 – 1.30pm GST
5.30 – 6.30pm JST

As the turmoil in Iraq shows no sign of abating, our panel of expert speakers draw from their own experience in advising clients in the oil and gas sector to consider the implications of this instability on international energy contracts, including:

  • Hydrocarbon legislation in Iraq, including the positions of the Government of the Kurdistan Region of Iraq (KRG) and the Federal Government of Iraq (FGI) in relation to power to legislate and contract for petroleum operations;
  • The legal proceedings launched by the FGI against the KRG and third party purchasers of oil exported by the KRG;
  • The implications of the ICC arbitration initiated by the FGI against Turkey under an Inter-Government Agreement;
  • The impact on international energy contracts of a potential declaration of independence by the Kurdistan Region of Iraq; and
  • The implications of export of oil from Iraq by IS (formerly ISIS).

Speakers:

If you would like to register for this event please contact Jane Webber.

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Upcoming Webinar: Sanctions Update: Ukraine and Russia

Monday 22 September 2014, 2.00pm – 3.00pm BST

The international sanctions landscape has continued to develop in response to the situation in Ukraine.

On 12 September, the EU and US both published details of expansions to their existing sanctions against Russia, including in relation to the restrictions on certain Russian companies’ ability to access the EU/US capital markets. Both the EU and US have also designated additional individuals and entities under their respective asset freeze regimes.

In this webinar we will provide:

  • An overview of the current sanctions, including the amendments to the EU and US sectoral sanctions
  • An overview of relevant EU institutions and decision-making processes in relation to sanctions
  • An update on any further EU and US developments during the course of this week
  • An opportunity to pose your questions to our expert team.

Speakers:

If you would like to register for this event please click here. We will then send you an email with the event details and confirmation of your log-in address. If you have queries about the webinars or the registration process please contact: Jane Webber, Webinar co-ordinator, London.

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Cutting through the politics of the Scottish Independence Referendum: The International Law Implications of Independence

Monday 14 July 2014, 12.30 – 1.30pm BST

The Scottish Independence Referendum is set to take place on 18 September 2014. The “Yes” and “No” campaigns hold highly divergent positions on certain key issues, including EU membership and ownership of oil and gas reserves.

So what is the law behind the politics? What are the legal ramifications of an independent Scotland from an international law perspective?

In this webinar our speakers will cut through the politics and look at the international law underlying some of the questions raised in the referendum, including:

  • How would Scotland’s maritime boundaries be drawn in the event of independence and how does that impact oil and gas reserves in the North Sea?
  • Would Scotland automatically be bound by, and benefit from, the UK’s international treaties after independence, and would the remaining UK’s international law rights and obligations be affected?
  • What impact would independence have on oil and gas sector regulation? and
  • How can Scotland negotiate continued membership of the EU and what are the implications?

Speakers:

  • Matthew Weiniger QC, Partner, International Arbitration and Public International Law
  • Dominic Roughton, Partner, International Arbitration and Public International Law
  • Stephen Murray, Partner, Global Head of Oil and Gas
  • Andrew Cannon, Partner, International Arbitration and Public International Law
  • Iain Maxwell, Of Counsel, International Arbitration and Public International Law

If you would like to register for this event please contact Jane Webber.

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Upcoming Webinar: Investment Treaties and the African Continent – Change, Risk and Opportunity

Tuesday 8 April 2014, 12.30 – 1.30pm BST

Drawing together the two strands of our recent webinars on Investment Treaty Arbitration and arbitration in the EMEA regions, this webinar will focus on Investment Treaties and the African continent.

Africa is brimming with an abundance of natural resources, talent and ambition. Investment into African jurisdictions is becoming increasingly desirable and competitive, with investors hailing from all over the developed and developing worlds.

In this webinar, our speakers will draw from their knowledge and experience to discuss the differing approaches adopted by African jurisdictions towards Investment Treaties and the continent’s history in terms of Investor-State disputes. The speakers will look at sources of foreign direct investment into Africa (such as China) and the impact this has had on the Investment Treaty landscape. Our speakers will then turn to consider the likely approaches to be adopted by African jurisdictions in future, and the risks and opportunities these present to our clients in the context of an increasingly transparent investor-state dispute settlement system.

Speakers:

Chaired by:

  • Hannah Ambrose, Arbitration Practice Manager, London

If you would like to register for this event please contact Jane Webber.

A webinar is an online seminar delivered to your desktop. On the day of the webinar you will be sent a link to login to the live event.

The webinar is recorded so you can listen again. If you are unable to listen to the live event register anyway and you will be able to listen to the recorded version when convenient.

The webinar is interactive and we welcome questions from our audience. Email your comments to the speakers on the day using the appropriate tab on the player.

Upcoming webinar: Structuring investment and maximising treaty protection

Tuesday 22 October 2013, 1-2pm UK time.

Investors are increasingly alive to the investment protections offered by bilateral and multilateral investment treaties.  Yet not all investment treaties are the same, with some offering stronger or more extensive protections than others. With careful advance planning, investors can make their investments using the right vehicle and transaction structure to ensure the best treaty protections possible.

In the third webinar in our investment treaty series, our speakers will use their experience and insight to guide you through some of your options for investment treaty planning to maximise your investment treaty protection, raising some potential hurdles and pitfalls along the way. Our speakers will also discuss other commercial factors influencing the choice of transaction structure, including taxation planning, and cover additional or alternative methods of investment protection.

Speakers:

  • Laurence Shore, Partner, International Arbitration, New York
  • Emmanuelle Cabrol, Partner, International Arbitration, Paris
  • Christian Leathley, Partner, International Arbitration, London
  • Andrew Cannon, Senior Associate, International Arbitration, London

If you would like to register for this event please contact Jane Webber.

The webinar will be recorded. If you are unable to listen to the event on the day please still register and then you will be able to access the recorded version later.

HSF holds two successful webinars: ‘Enforcing Arbitration Awards on the Fringes of EMEA’ and ‘What Value Your BIT Protection Now?’

Over the last two weeks, Herbert Smith Freehills’ global arbitration practice has delivered two live audio seminars delivered to the listener’s desktop. We were delighted that hundreds of people from around the world were able to attend.

On 4 July 2013, the topic was ‘What value your BIT protection now? – withdrawals, annulments and refusal to enforce’. This was chaired by Matthew Weiniger (London) and the speakers were Christian Leathley (London/Madrid), Leon Chung (Sydney) and Iain Maxwell (London). This was the second in our current series focusing on Bilateral Investment Treaties and following on from our successful introductory seminar ‘A Beginner’s Guide to BITs: What are they and why do you need them?’ in April.

In this webinar, we considered what the impact of the backlash against investment arbitration has been and how it will affect investors in the years to come. What does it mean for the Bilateral Investment Treaty protection that many have come to rely on when structuring an investment or venturing into a new market?

The third in this series will focus on structuring investments to maximise investment treaty protection. Details will soon be publicised but please click here if this would be of interest.

Our webinar on 12 July 2013 was entitled ‘Enforcing arbitration awards on the fringes of EMEA’. The focus of this webinar was on local advice in relation to enforcement in each of the regions encompassed within EMEA, namely Europe, the Middle East and Africa, using the experience and insight of our partners who cover these regions. This was chaired by Nicholas Peacock (London) and the speakers were Paula Hodges (London), Craig Tevendale (London) and Vladimir Melnikov (Moscow).

If you would like a link to the recording of either webinar, please contact Jane Webber, our Webinar Co-ordinator. All Herbert Smith Freehills webinars can also be downloaded as podcasts. Jane Webber can also provide you with a full list of archived events.

For more information about what was covered in the recent webinars, please click on the link below.

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Upcoming Webinars

Herbert Smith Freehills’ global arbitration practice continues its webinar series in July with two live audio seminars delivered to your desktop.

  • What value your BIT protection now? – withdrawals, annulments and refusal to enforce, 4 July 2013

This is the second in our current series focusing on Bilateral Investment Treaties and following on from our successful introductory seminar ‘A Beginner’s Guide to BITs: What are they and why do you need them?’ in April.

In this webinar, we will consider what the impact of the backlash against investment arbitration has been and how it will affect investors in the years to come. What does it mean for the Bilateral Investment Treaty protection that many have come to rely on when structuring an investment or venturing into a new market?

  • Enforcing arbitration awards on the fringes of EMEA, 12 July 2013

The focus of this webinar will be on local advice in relation to enforcement in each of the regions encompassed within EMEA, namely Europe, the Middle East and Africa, using the experience and insight of our partners who cover these regions.

For more information about each of these webinars and to register, please click on the link below.

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HSF held first in a series of webinars: ‘A Beginner’s Guide to BITs: What are they and why do you need them?’. Have your say on what you want to hear next….

On Thursday 11 April 2013, Herbert Smith Freehills delivered a live audio webinar entitled: ‘A Beginner’s Guide to BITs: What are they and why do you need them?’. The webinar – an online seminar delivered to individual desktops – was hugely successful and hundreds of listeners from around the world participated.

If you would like to listen to a recording of the webinar, please contact Jane Webber.

The session looked at Bilateral Investment Treaties (BITs), which give investors direct rights to sue foreign states hosting their investments. These rights enable investors to protect their business interests abroad more effectively than ever before. It covered the basic principles that you need to be aware of when structuring your investment to maximise treaty protection as well important issues to consider when bringing a claim under a BIT.

Our panel was comprised of Matthew Weiniger, who leads our Investment Arbitration practice and is based in our London office. Matthew was joined by Dominic Roughton and Brenda Horrigan, partners in our Shanghai and Tokyo offices respectively. It was chaired by Joanne Greenaway, a Professional Support Lawyer for the Global Arbitration practice.

This webinar was the first in a series of webinars that we will be presenting looking at investment treaty issues of both a topical and regional nature.

We are interested in your views as to what you would be most interested in attending both on investment treaty issues and on international arbitration more broadly. Please open the link to our short Survey Monkey and feed in your views:

http://www.surveymonkey.com/s/YTHM86C.

Please click here for further details about other upcoming events.  

Matthew Weiniger
Matthew Weiniger
Partner
+44 20 7466 2364
Dominic Roughton
Dominic Roughton
Partner
+81 3 5412 5432
Brenda Horrigan
Brenda Horrigan
Partner
+81 3 5412 5432
Joanne Greenaway
Joanne Greenaway
Professional Support Lawyer
+44 20 7466 2723