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Upheaval and uncertainty in mineral regulation in parts of Africa: resurgence of resource nationalism highlights the importance of investment treaty protections
The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of …
New Zealand signs side letters with five CPTPP members to exclude compulsory investor state dispute settlement
New Zealand has recently signed "side letters" to exclude compulsory Investor State Dispute Settlement ("ISDS") with five members of the Comprehensive …
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 …
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 …
Inside Arbitration: Issue #5 of the publication from Herbert Smith Freehills’ Global Arbitration Practice
We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. …
Bear Creek Mining Corp. v. Peru: the potential impact on damages of an investor's contributory action and failure to obtain a social license
In an award dated 30 November 2017 (the "Award"), an ICSID Tribunal ordered Peru to pay around US$30.4million to Canadian company Bear Creek Mining (the …
3rd EFILA annual conference 2018: parallel states’ obligations in investor-state arbitration - 5 February 2018, London
The European Federation for Investment Law and Arbitration (EFILA) will be holding its third Annual Conference on 5 February 2018 at the Senate House in …
Event - The future of investment arbitration: have we reached a high water mark?
Herbert Smith Freehills and BIICL Investment Treaty Forum warmly invite you to attend ‘The Future of Investment Arbitration: Have We Reached a High Water …
The Federal Court of Australia recognises and enforces ICSID award
The Australian judiciary has again proven that Australia is a pro-arbitration destination, by recognising and enforcing an award and decision …
Belgium asks for the CJEU's opinion on the compatibility of the Investment Court System with European Law
On 6 September 2017 the Belgian Deputy Prime Minister and Minister of Foreign Affairs Didier Reynders submitted a request from Belgium to the Court of …
Herbert Smith Freehills launches blog series on NAFTA renegotiations
Herbert Smith Freehills is pleased to announce the launch of a new series of blog posts which will report on the latest developments in the NAFTA …
Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?
On its face, the thrust of the UK Government's Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to …
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