27 results found for:
- (-) Remove Investment Arbitration and Treaty Protection filter Investment Arbitration and Treaty Protection
18 August 2020
Inside arbitration: A balance of obligations: The response to the COVID 19 pandemic and investment treaty protections
The impact of the COVID-19 pandemic has been felt across the globe. States have had to make some difficult decisions in response to the spread of the virus while trying to mitigate both economic and societal damage in the short and longer term. This has led to the introduction of a whole range of...
10 June 2020
Enforcement of foreign arbitral awards in Australia (Tianjin Jishengtai Investment v Huang)
Arbitration analysis: This judgment involved a contested application to enforce in Australia a foreign arbitral award made in the People’s Republic of China. Having regard to the objects of the International Arbitration Act 1974 (IAA 1974), the court considered that the award should be enforced...
27 July 2018
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 resource nationalism may be (re-) emerging. In this context it is important for companies associated with the mining sector to be aware of the...
21 February 2018
Enforcing in France a foreign award that has been set aside at the seat of arbitration
Is it possible and what are the practical consequences for the parties? As a matter of principle, French courts hold that the setting aside of an international arbitral award by the courts of the seat of the arbitration is irrelevant and does not prevent, per se, its recognition and enforcement in...
21 February 2018
Planning, pricing and managing an arbitration throughout its lifecycle
Smarter Legal Service Delivery with Herbert Smith Freehills We strive to find innovative ways to provide value whilst containing legal costs for our clients. By actively planning, pricing and managing matters with our pricing and legal project management teams we increase cost-effectiveness and...
21 February 2018
Dubai: The heart of arbitration in the Middle East
Arbitration is growing in use in contracts with a nexus to the Middle East, with parties increasingly willing to consider arbitral institutions and seats in the region. Over the past few years, there have been a number of notable developments in arbitration in the Middle East: institutional rules,...
15 February 2018
Germany's New Grand Coalition II: What their legislative agenda might bring for businesses
The "Grand Coalition I" of the Christian Democratic Union (CDU) and the Social Democrats (SPD) has governed Germany under the leadership of Angela Merkel for the past four years. After the federal elections in September 2017 they agreed on exploratory talks on a renewal of the grand coalition and...
13 November 2017
Brexit and International Arbitration
The United Kingdom (London) is currently a prime hub for the resolution of international economic disputes due to its favourable legal and institutional frameworks. As a result, it would be advisable to take an in-depth look at international arbitrations seated in London in a post-Brexit world.
01 August 2017
Spotlight on Dr Patricia Nacimiento
Dr Patricia Nacimiento has a leading reputation in the world of both commercial and investment treaty arbitration. Here she reflects on her career to date, the increasing role of public international law in disputes and the global nature of her practice.
27 March 2023
Merger arbitrage – the important role it can play in public M&A deals
We explore the important role merger arbitrage can play in the success or failure of a deal. Targets and bidders should be aware of this role and consider the approaches that may be taken in response to arbitrage funds seeking short-term profits from an announced deal.
27 March 2023
Improving the transparency of foreign investment regulation in Australia – A look at the key performance data for the October 2022 quarter
The Australian Government’s Department of Treasury has released its second quarterly report for the period 1 October 2022 to 31 December 2022. The report contains some interesting trends regarding the source of foreign capital flows, Treasury’s downward trending processing timelines for FIRB...
24 March 2023
Gone but not forgotten: Combatting Corporate Crime Bill lapsed but combatting bribery remains in focus
Whatever happened to the Combatting Corporate Crime Bill? A recent OECD Report shows the Australian Government has not given up on anti-bribery law reform and police and prosecutors are actively pursuing foreign bribery matters.
23 March 2023
Tech, consumers and the ACCC: a continued focus on compliance with the Australian Consumer Law
The ACCC’s new Chair, Ms Gina Cass-Gottlieb, has signalled that the year ahead for the tech sector will entail a continuation of focussed regulatory scrutiny, particularly through the consumer protection lens. We reflect on five recent ACCC speeches and announcements which have reiterated the...
21 March 2023
Restructuring, Turnaround and Insolvency in Asia Pacific 2023
Our 2023 edition of the Guide to Restructuring, Turnaround and Insolvency in Asia Pacific is a resource for corporates, financiers, creditors, funds, directors and other stakeholders exposed to financially distressed companies in the region.
20 March 2023
Australian High Court smooths out wrinkle in trade mark law: Reputation not relevant to ‘deceptive similarity’ test of infringement
The High Court has clearly set out in Self Care v Allergan that the reputation of a trade mark is not relevant when assessing deceptive similarity in infringement proceedings. 1 In a unanimous decision, overruling a three-judge bench of the Full Federal Court, the High Court held that Self Care did...
20 March 2023
2023 Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement
The 2023 edition of the Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement has been launched. Our Guide is designed to provide a helpful summary of some of the key legal and regulatory issues that arise in connection with Australian takeovers and schemes.
16 March 2023
Australian Employment, Industrial Relations and Safety Webinars
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions,...