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US Court blocks enforcement of award due to effect of the terms of arbitration agreement
In Diag Human S.E. v Czech Republic Ministry of Health, the United States District Court for the District of Columbia (the Court) has dismissed an …
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 …
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 …
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 …
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 …
Important Second Circuit Decision on Enforcement of International Arbitration Awards
In a significant recent judgment, CBF Industria De Gusa S/A v. AMCI Holdings, Inc. (2d Cir. 2017), the influential U.S. Court of Appeals for the Second …
Urbaser v. Argentina and Burlington v. Ecuador: Investment arbitration is not over the counterclaims yet
Two recent decisions by tribunals have advanced the body of tribunal practice considering the issue of counterclaims by respondent states in investment …
Australian Full Federal Court decision highlights the importance of explicitly binding all parties to an arbitration agreement
On 25 January 2017, the Full Federal Court of Australia dismissed Trina Solar US, Inc.’s (Trina) appeal from an earlier decision of a single Federal …
Recent Supreme Court Nominee Quiet Defender of Arbitration in the United States
On 31 January 2017, U.S. President Donald Trump formally nominated Judge Neil Gorsuch – who currently sits on the U.S. Court of Appeals for the Tenth …
Live webcast of hearing on jurisdiction and the merits: David Aven et al. v. Republic of Costa Rica (UNCITRAL Case No. UNCT/ 15/3) – Public Hearing
A hearing on jurisdiction and the merits in UNCITRAL Case No. UNCT.15/3, will be transmitted live in English and Spanish via internet feed from …
India and Brazil conclude negotiations of Bilateral Investment Treaty
As previously noted in April 2015, India amended its model bilateral investment treaty (the Indian Model BIT) and has reportedly been deploying it in …
US Court of Appeals for the Second Circuit upholds decision of Southern District Court and confirms arbitral award against Pemex that was set aside at its seat
The US Court of Appeals for the Second Circuit (the Court of Appeals) has upheld the decision of District Judge Hellerstein in Corporación Mexicana de …
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