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EU and Japan formally sign economic partnership agreement
On 17 July 2018, the EU-Japan Economic Partnership Agreement (EPA) was formally signed during the EU-Japan summit in Tokyo. The EPA – the largest …
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 …
Progress towards a Multilateral Investment Court? EU-momentum building and divisions in UNCITRAL Working Group III
In the past few years, discontent about Investor-State Dispute Settlement (ISDS, a recognised shorthand for ad hoc arbitration of investor-state …
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 …
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 …
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 …
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 …
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 …
Mixed messages to investors as India quietly terminates bilateral investment treaties with 58 countries
The Government of India says it has sent notices to terminate bilateral investment treaties (BITs) with 58 countries, including 22 EU countries. It …
Brexit—the future of state-to-state, investor-state and domestic dispute resolution
The Brexit White Paper The much-anticipated Brexit White Paper, ‘The United Kingdom’s exit from and new partnership with the European Union’, was …
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