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A Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Key points The ministers responsible for the Trans-Pacific Partnership (TPP) of 11 countries have announced that the core elements of a Comprehensive …
What to watch for as NAFTA (re)negotiators get to work
On August 16, 2017, trade representatives of the United States, Mexico and Canada will convene in Washington, DC for the first of seven scheduled rounds …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 …
Showing 12 out of 12 results
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Andrew Cannon
Partner, Global Co-Head of International Arbitration and of Public International Law, London

Christian Leathley
Partner, Co-Head of the Latin America Group, Co-Head of the Public International Law Group, US Head of International Arbitration, London