Public International Law Notes

HERBERT SMITH FREEHILLS SECURES MAJOR VICTORY FOR KINGDOM OF SPAIN IN INVESTOR-STATE ARBITRATION

European Commission issues procedural proposals for the Investment Court System envisaged under CETA

In October 2019, the European Commission (the "Commission") presented four proposals (the "Proposals") to the Council of the European Union (the …

CJEU CONFIRMS THAT CETA DISPUTE RESOLUTION PROVISION IS COMPATIBLE WITH EU LAW

Advocate General finds that CETA's "Investment Court System" is compatible with EU law

English Court rejects Ukraine’s attempt to set aside enforcement order on grounds of state immunity

The English Court (the "Court") has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce …

The new draft Dutch BIT: what does it mean for investor mailbox companies?

The Netherlands has released a new draft investment treaty for public comment ("Draft BIT").  If adopted, the Draft BIT may raise questions about …

EU Council publishes Negotiating Directives for Convention establishing a Multilateral Investment Court: no real surprises but a couple of gaps

On 20 March, 2018 the Council of the European Union published negotiating directives dated 1 March 2018 authorizing the European Commission to negotiate …

3rd EFILA annual conference 2018: parallel states’ obligations in investor-state arbitration - 5 February 2018, London

The European Federation for Investment Law and Arbitration (EFILA) will be holding its third Annual Conference on 5 February 2018 at the Senate House in …

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 …

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 …

Advocate General issues opinion that the EU does not have exclusive competence to conclude the EU-Singapore Free Trade Agreement

In an opinion issued on 21 December 2016, EU Advocate General Eleanor Sharpston QC has concluded that the EU-Singapore Free Trade Agreement (EUSFTA) will …