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State-to-State dispute settlement under the EU's draft Withdrawal Agreement: CJEU jurisdiction not arbitration
We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in …
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 …
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 …
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 …
English Court Stays Enforcement of Micula ICSID Award Against Romania
In Micula & Ors v Romania & Anor [2017] EWHC 31 (Comm) the English High Court stayed enforcement of a 2013 ICSID award in favour of Swedish …
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 …
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 …
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 …
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 …
DIS adopts model clause to be used with ISDA Master Agreement
Effective January 2017, the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit, "DIS") has adopted a new model clause to …
Appointment of arbitrators: English Court grapples conflicting case law and clarifies relevant principles when asked to assist with appointments
In its decision in Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm) the English Court has considered and …
EU launches consultation on multilateral reform of the investor-state dispute resolution system
The EU Commission (the Commission) has launched a public consultation on the multilateral reform of the investment dispute settlement system. The …
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