Public International Law Notes
Tag: christian leathley
Showing 36 out of 43 results
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 …
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 …
State-to-State dispute settlement under the EU's draft Withdrawal Agreement: CJEU jurisdiction not arbitration
We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in …
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 …
North American trade and investment developments: No new NAFTA (for now), and Mexico signs the ICSID Convention
One month into 2018, the future of NAFTA continues to hang in the balance. The negotiating parties will reportedly convene in Ottawa for the sixth of …
A warning shot for investor-state dispute settlement under NAFTA 2.0?
The US Trade Representative (USTR) is reportedly finalizing a proposal to dramatically restructure NAFTA's investor-state dispute settlement (ISDS) …
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 …
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 …
Showing 36 out of 43 results
View more