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English Court finds that the foreign act of state doctrine may apply to arbitration proceedings
In the decision of Reliance Industries Limited & Ors v The Union of India [2018] EWHC 822 (Comm) the English Commercial Court (the Court) considered …
Dawood Rawat v Mauritius: Dual-national claim dismissed based on treaty context interpretation
On 6 April 2018, a Tribunal constituted under the UNCITRAL Arbitration Rules rendered an Award on Jurisdiction in the case Dawood Rawat v. The …
ICJ determines first ever compensation claim for environmental harm
On 2 February 2018, the International Court of Justice (the "ICJ" or the "Court") delivered judgment in the case concerning Certain Activities Carried …
Security for costs granted by English Court in investment treaty award challenge in which claimants are receiving third-party funding
In its recent judgment in Progas Energy Limited and ors v Pakistan [2018], the English High Court (the Court) granted Pakistan's request for security for …
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 …
ITLOS rules in favour of Ghana in long-standing maritime dispute with Côte d'Ivoire
On 23 September 2017, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered its judgment on the longstanding maritime …
PCA Tribunal rules on disputed Slovenia and Croatia land and maritime boundaries
In a long-running dispute, the Permanent Court of Arbitration ("PCA") Tribunal has issued its Final Award. The Final Award, which runs to nearly 400 …
HSF Consultant Antonio Pastor's book published: "The economic relevance of the settlement of maritime boundaries between States. The role of insular formations"
Herbert Smith Freehills' consultant Antonio Pastor is pleased to announced the release of his book 'Delimitation of maritime boundaries between …
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 …
ICSID announces sixteen topics for consideration in its review of the ICSID Arbitration Rules
Following invitations to ICSID member States and the public to submit topics for potential review, ICSID has published a paper on the Rules Amendment …
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 …
Live webcast of hearing on jurisdiction and the merits: United Utilities (Tallinn) B.V. and Aktsiaselts Tallinna Vesi v. Republic of Estonia (ICSID Case No. ARB/14/24)
A hearing on jurisdiction and the merits in ICSID Case No. ARB/14/24, United Utilities (Tallinn) B.V. and Aktsiaselts Tallinna Vesi v Republic of …
Showing 24 out of 24 results