In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more
9/12/2024
/ Arbitration ,
Arbitration Awards ,
Arbitrators ,
Corporate Counsel ,
EU ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
ICSID ,
Investors ,
Jurisdiction ,
Personal Jurisdiction ,
Subject Matter Jurisdiction
The right to tax constitutes a core attribute of State sovereignty. As U.S. Supreme Court Justice Oliver Wendell Holmes Jr. said, “Taxes are the price we pay for civilization.” However, States may voluntarily limit their...more
On 13 June 2022, in ZF Automotive v. Luxshare, the U.S. Supreme Court held unanimously that 28 U.S.C. § 1782 does not allow discovery for use in most international arbitral proceedings. The Supreme Court held that only...more
6/16/2022
/ 28 U.S.C. § 1782 ,
AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States ,
Arbitration ,
Business Disputes ,
Business Litigation ,
Commercial Arbitration ,
Discovery ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
SCOTUS ,
UNCITRAL ,
ZF Automotive US Inc v Luxshare Ltd
On March 21, a comprehensively updated set of rules and regulations for International Centre for Settlement of Investment Disputes arbitration, conciliation and mediation proceedings was approved. The new rules and...more
On 21 March 2022, a comprehensively updated set of rules and regulations for ICSID arbitration, conciliation, and mediation proceedings was approved. The new rules and regulations will go into effect on 1 July 2022. The...more
What is Section 1782 and how is it used in International Arbitration?
In international arbitrations, the parties’ ability to obtain documents and testimony from the opposition is often limited....more
In the investor-State context, consensual alternative dispute resolution (ADR) has long been viewed as an aspirational endeavor. Where a foreign company or individual complains of mistreatment by a host State, the investor...more
On March 10, Mexico’s amended Electricity Industry Law entered into force, introducing preferences for the Mexican state-owned utility, Comisión Federal de Electricidad (CFE), with respect to the supply of electricity to the...more
3/19/2021
/ CPTPP ,
Dispute Resolution ,
Energy Sector ,
Foreign Investment ,
Investors ,
Mexico ,
NAFTA ,
Power Grid ,
Public Utility ,
United States-Mexico-Canada Agreement (USMCA) ,
Utilities Sector
This is the fifth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...more
3/1/2019
/ Bilateral Investment Treaties ,
Business Disputes ,
Clean Energy ,
Clean Power Plan ,
Energy Sector ,
EU ,
Feed-in-Tariffs ,
Foreign Investment ,
International Arbitration ,
Mexico ,
NAFTA ,
Popular ,
Regulatory Agenda ,
Regulatory Standards ,
Taiwan ,
Tribunals
On November 29, WilmerHale held its second annual Women in Energy and Infrastructure - Powering the Future conference in Washington DC. The event and pre-conference dinner provided a forum for women thought leaders to discuss...more
After more than a year of sometimes contentious negotiations, the United States, Mexico, and Canada reached an agreement on September 30 to revise the North American Free Trade Agreement (NAFTA)—renaming it the United...more
10/11/2018
/ Canada ,
Cross-Border Transactions ,
Dispute Resolution ,
Exports ,
Foreign Investment ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
After more than a year of sometimes contentious negotiations, the United States, Mexico, and Canada (the “Parties”) reached an agreement late Sunday night to revise the North American Free Trade Agreement (“NAFTA”)—renaming...more
10/8/2018
/ Agricultural Sector ,
Automotive Industry ,
Biologics ,
Canada ,
Cross-Border Transactions ,
Currency Manipulation ,
Exports ,
Free Trade Agreements ,
Imports ,
Intellectual Property Protection ,
Investor State Dispute Settlement (ISDS) ,
Mexico ,
NAFTA ,
Procurement Guidelines ,
Sunset Provisions ,
Tariffs ,
Trade Relations ,
Trans-Pacific Partnership ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
Negotiations to reshape the North American Free Trade Agreement (NAFTA) among the United States, Canada and Mexico have recently intensified as various factors—upcoming elections in Mexico in July and in the United States in...more
5/4/2018
/ Canada ,
Energy Sector ,
Free Trade Agreements ,
Infrastructure ,
Investor State Dispute Settlement (ISDS) ,
Keystone XL Pipeline ,
Mexico ,
NAFTA ,
Oil & Gas ,
Trade Relations ,
Trump Administration ,
Wind Power
January 16, 2016, marked the Implementation Day that recognised the certification by the International Atomic Energy Agency that Iran had met its obligations under the July 2015 Joint Comprehensive Plan of Action (JCPOA), a...more
3/25/2016
/ Bilateral Investment Treaties ,
EU ,
Financial Services Industry ,
FIPPA ,
Foreign Investment ,
Implementation Day ,
International Arbitration ,
Investor Protection ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Oil & Gas ,
UNCITRAL
Arbitration analysis: In Part 1 of this series, Steven Finizio, Danielle Morris and Katherine Drage of Wilmer Cutler Pickering Hale and Dorr LLP explore the importance of enforcement of arbitral awards to those investing in...more
7/9/2015
/ Africa ,
Arbitration ,
Arbitration Awards ,
Economic Development ,
Foreign Direct Investment ,
Foreign Investment ,
GDP ,
Jurisdiction ,
Member State ,
Nigeria ,
World Bank