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The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European trade is likely to be significant in the wake of Brexit and the uncertain future of American trade policy. The Investment Court System (‘ICS’) of CETA has been hotly debated, and in 2016 threatened to derail the entire agreement when the local Parliament of Wallonia, Belgium initially vetoed the agreement. The…

Post-M&A arbitration has long followed an established pattern: In the course of the transaction the buyer assesses the characteristics of the target company by way of a due diligence review and based thereon determines what the buyer considers to be an adequate value of the target company. To ensure that the target company shows the expected characteristics when the buyer takes over the company from the seller, the buyer and the seller describe in their…

Lord Thomas: Rebalancing the relationship between the courts and arbitration Lord Thomas’s Bailii Lecture on 9 March 2016 has been the subject of much comment, and controversy, in London’s arbitration community. The speech is an eloquent and articulate analysis of how the Lord Chief Justice of England and Wales considers arbitration has affected litigation. Concluding with the view that the Arbitration Act 1979 and 1996 went “too far” in supporting arbitration as a means of…

In its last week’s decision[1], the German Federal Constitutional Court gave green light for the Comprehensive Economic and Trade Agreement (‘CETA’)[2] between the European Union (‘EU’) and Canada. CETA is one of the three free trade agreements hotly debated in politics and industry (the other two being ‘TTIP'[3] and ‘TPP'[4]). On 18 October 2016 the Council of the EU plans to adopt a package of decisions on CETA[5], explicitly decisions which fall under the exclusive…