Public International Law Notes
Tag: andrew cannon
Showing 84 out of 117 results
CJEU upholds opinion of Advocate General and rules that UK can unilaterally cancel Brexit by revoking Article 50
In a landmark decision delivered on an accelerated timetable, the Court of Justice of the European Union ("CJEU") has ruled that a Member State can …
4th EFILA Annual Conference 2019: The EU and the future of international investment law and arbitration – 31 January 2019, London
The European Federation for Investment Law and Arbitration (EFILA) will be holding its fourth Annual Conference, on 31 January 2019, at Herbert Smith …
Energy Charter Declaration 2018 – Modernisation of the ECT
The Energy Charter Conference has issued a declaration following the 29th meeting of its Members. This year's conference, hosted by Romania, focused on …
ICSID Tribunal declines jurisdiction due to claimants' failure to obtain environmental impact assessment in breach of local law
In a recent investment arbitration Award, in Cortec Mining v Kenya, an ICSID tribunal has declined jurisdiction over a claim brought by a trio of mining …
English Court of Appeal finds good arguable case that public policy exception applies to the foreign Act of State Doctrine allowing Ukraine to argue duress in claim under Eurobonds
In Ukraine v The Law Debenture Trust Corporation plc [2018] EWCA Civ 2026 the English Court of Appeal (the Court) partially upheld an appeal in favour of …
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) to come into force on 30th December
Australia has become the 6th country to ratify the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), a trade deal between 11 …
Brexit: dispute resolution between the EU and the UK, under the withdrawal agreement and in the event that there is "no deal"
At a critical time in the Brexit negotiations, in the latest podcast on the Herbert Smith Freehills Podcast channel, Andrew Cannon and Hannah Ambrose …
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 …
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 …
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 …
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 …
State immunity: English court considers service of proceedings on a State in times of political unrest, and questions relating to enforcement of a foreign judgment against a State
In the recent decision of Certain Underwriters At Lloyds London v Syrian Arab Republic & Ors [2018] EWHC 385 (Comms) the English Commercial Court …
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