Arbitration Notes
Tag: hannah ambrose
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Advocate General finds that CETA's "Investment Court System" is compatible with EU law
One of the Advocates General to the Court of Justice of the European Union, Advocate General Bot, has issued an opinion confirming that the mechanism for …
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 …
Inside Arbitration: Issue #6 of the publication from Herbert Smith Freehills’ Global Arbitration Practice
We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. …
Reliance v Union of India: English Court confirms that there is no serious irregularity under s68(2)(a) if an issue of construction decided by the tribunal is "squarely in play"
In Reliance Industries Limited & Ors v The Union of India [2018] EWHC 822 (Comm) the English commercial court (the Court) considered a number of …
State to state dispute resolution in the UK Government's White Paper: arbitration with a potential role for the CJEU
The White Paper published yesterday, "The Future Relationship between the United Kingdom and the European Union", includes the UK Government's proposal …
Award dismissing a claim for inordinate and inexcusable delay survives challenge in the English court
In Grindrod Shipping Pte Ltd v Hyundai Merchant Marine Co. Ltd, the English High Court ("the Court") rejected an application under s68 of the Arbitration …
ENGLISH COURT OF APPEAL CONSIDERS DISCLOSURE OF ARBITRAL APPOINTMENTS IN RELATED OR OVERLAPPING REFERENCES
In Halliburton Company v Chubb Bermuda Insurance Ltd [2018] EWCA Civ 817, the English Court of Appeal was asked to consider: whether it is possible for …
Progress towards a Multilateral Investment Court? EU-momentum building and divisions in UNCITRAL Working Group III
In the past few years, discontent about Investor-State Dispute Settlement (ISDS, a recognised shorthand for ad hoc arbitration of investor-state …
Upheaval and uncertainty in mineral regulation in parts of Africa: resurgence of resource nationalism highlights the importance of investment treaty protections
The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of …
Podcast: How Arbitration and ADR can be used together
In this short podcast Professional Support Consultants Hannah Ambrose and Vanessa Naish look at how Arbitration and Alternative Dispute Resolution (or …
Update on the future of ISDS: the discussions within UNCITRAL Working Group III – no apparent consensus to date
After a number of years of public debate in a variety of fora, the discussion of the future development of investor-state dispute settlement (ISDS) has …
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 …
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