Brexit

Arbitration, Brexit, European Law, European Union, Investment, Investment agreements, Investment Arbitration, Investment protection, UK

(Notre Dame Law School)/ /Leave a comment

On May 30, 2017, Volterra Fietta and the University of Notre Dame hosted a debate of whether foreign investors can sue the United Kingdom for a hard Brexit. The recorded video is now available for viewing. Markus Burgstaller and I presented the case that foreign investors may have viable claims against the UK, while Jeremy…

Brexit, Kluwer Mediation Blog, Mediation

(Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

Brexit, biases, workplace mediation, the wisdom of uncertainty, profound apologies: these are just a handful of the topics addressed by writers at the Kluwer Mediation Blog last month. Below are a few words on, and a link to, each post. In A Mediator’s Pitch, John Sturrock explores how, as we look ahead in an uncertain…

BIT, Brexit, Investment Arbitration, Poland, Sunset clauses

(Hogan Lovells)/ /1 Comment

A year ago, on 25 February 2016, it was reported that Poland intends to terminate its Bilateral Investment Treaties (“BITs”; see initial comments here). Earlier this year, by a resolution of 5 January 2017, an interministerial Working Group on Polish investment policy was officially established to, among other things, review and analyse existing BITs (as…

Anti-suit injunction, Arbitration, Brexit, New York Convention, UK

(Linklaters)/ /Leave a comment

Last week, Theresa May delivered her long-awaited speech setting out Britain’s broad objectives in forthcoming Brexit negotiations with the EU. She confirmed the rumours of a “hard Brexit” by indicating Her Majesty’s Government’s intention to see the UK out from the Single Market and the Custom Union and to seek “a new and equal partnership…

Brexit, Fair and Equitable Treatment, Investment Arbitration

(Notre Dame Law School)/ /2 Comments

Last month I was privileged to organize a conference at the University of Notre Dame’s London Global Gateway on the topic of UK trade and Brexit. The conference had three sessions: (1) UK trade negotiations with the EU; (2) UK trade negotiations outside the EU; and (3) UK’s post-Brexit status within the WTO. You can…

Brexit, Journal of International Arbitration

(WilmerHale & Queen Mary University of London) and ((Special Issue Editor))/ /2 Comments

Prime Minister Theresa May has repeatedly said, “Brexit means Brexit.” But what does Brexit actually mean? When is Brexit going to happen?  And is Brexit going to happen at all?  And if it will happen, what will be the consequences for international dispute resolution?  The Kluwer Journal of International Arbitration’s Special Issue on “Brexit” analyses…

Anti-suit injunction, Arbitration, Brexit, London, UK

, (Herbert Smith Freehills LLP) and (Herbert Smith Freehills)/ /2 Comments
Herbert Smith Freehills

London has long been a city associated with international arbitration. In 2015, even with the UK referendum on EU membership looming, according to analysis by theCity UK, London was the seat or centre of 4,738 international commercial arbitrations, mediations and adjudications in 2015. These were conducted under the auspices of numerous institutions, with the long-established…

Brexit, Uncategorized

(Notre Dame Law School)/ /3 Comments

The topic of Brexit is front-page news around the world, but there is a noticeable absence of expert commentary on its implications for the world of international arbitration. Accordingly, the Editors at Kluwer Arbitration Blog welcome the submission of guest posts on the topic of Brexit and international arbitration. Topics might include London as a…

Arbitral seat, Asia, Brexit

, , (Hogan Lovells)/ /2 Comments

The results of the UK’s referendum, with a vote to leave the European Union, will not affect London’s position as a leading international arbitration seat and dispute resolution centre. The recent developments do not change the fact that the UK has been and will continue to be a favoured destination for dispute resolution. London has…

Brexit

(Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law) and (ax Planck Institute Luxembourg for International, European and Regulatory Procedural Law)/ /Leave a comment

One of the major misunderstandings of the Brexit is that it won’t influence London’s importance as a major place of dispute resolution in Europe. Up until now, the adverse consequences of leaving the European Judicial Area have been insufficiently discussed. A first seminar organized by the British Institute for International and Comparative Law and the…

Arbitral seat, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Brexit, Brussels Regulation, UK

(MDisputes)/ /4 Comments

The cover of The Hitchhikers Guide to the Galaxy famously features a “Don’t Panic” button. In the weeks leading up to the Brexit vote, some English law firms posted reassuring articles on the possible effects a vote to leave would have for dispute resolution in London. “Don’t panic” seemed to be a common theme. Yet…