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NAFTA Renegotiation: ISDS reform objectives
The United States will lobby for changes to the investor-state dispute settlement ("ISDS") provisions of the North American Free Trade Agreement …
EU - Japan Economic Partnership Agreement announced
On 6 July 2017 the EU and Japan announced an agreement in principle on their Economic Partnership Agreement ("EPA"). The scale of this agreement is …
Second Circuit Upends Enforcement of ICSID Awards in New York, Eliminates Circuit Split
In a ruling handed down on July 11, 2017, the United States Court of Appeals for the Second Circuit resolved a circuit split that had sown legal …
ICSID tribunal rules that it is neither necessary nor urgent to grant security for costs from a claimant with the benefit of third-party funding
An ICSID tribunal has rejected a State's application for security for costs in circumstances in which the other party had third-party funding in the form …
Is there an inherent tension between the EU's investment court system and the EU legal order?
As discussed in our previous blog posts here and here, the EU has introduced a new system to resolve disputes arising between investors and …
Live audio webinar: Protecting your investments from political risk in a volatile world - 21 June 2017 - 1.00pm UK time
In this webinar, we will offer a disputes perspective on how to protect your investments from political risk in the current economic and political …
Is the recently signed Morocco-Nigeria BIT a step towards a more balanced form of intra-African investor protection?
On 3 December 2016, Morocco and Nigeria signed a new bilateral investment treaty (the "BIT"), with the overarching aim of strengthening "the bonds of …
The European Court of Justice renders its opinion on the EU-Singapore free trade agreement: investment chapter is not within EU's exclusive competence
On 16 May, 2017 the European Court of Justice (the Court) rendered its Opinion on the competence of the European Union to conclude the Free Trade …
Ecuador's legislative branch approves termination of 12 Bilateral Investment Treaties
On 3 May 2017, Ecuador's Legislature approved the termination of 12 bilateral investment treaties ("BITs") entered into with China, Chile, Venezuela, the …
ICSID issues first award involving China as Respondent, finding in host state's favour
In an award dated 9 March 2017, the Tribunal in an ICSID arbitration between Korean investor Ansung Housing Co., Ltd and China dismissed all claims as …
Herbert Smith Freehills' Response to EU Consultation: the Future of Investor-State Dispute Settlement
As discussed in our blog post here, on 21 December 2016 the EU Commission launched a public consultation on the multilateral reform of the …
SIAC Investment Arbitration Rules
The Singapore International Arbitration Centre (SIAC) has announced the release of its Investment Arbitration Rules (the Rules), which came into force on …
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