David Herlihy

David Herlihy

Skadden, Arps, Slate, Meagher & Flom LLP

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Latest Publications


"The 'Law 42' Arbitrations Against Ecuador and the Importance of BIT Language"

Bilateral Investment Treaties (BITs) afford investors a series of guarantees against expropriation or unfair treatment of investments in foreign jurisdictions. They also typically allow investors to enforce those rights...more

2/7/2015 - Arbitration Bilateral Investment Treaties Ecuador Expropriation Foreign Investment Foreign Jurisdictions ICSID Oil & Gas UNCITRAL Windfall Tax

"Litigants Continue to Use 'Anti-Suit Injunctions' to Protect Their Arbitration Rights"

Courts occasionally are asked to intervene in a pending arbitration and exercise their injunctive powers. In some cases, litigants seek to have the courts aid the arbitral process by stopping foreign proceedings that...more

1/23/2014 - Anti-Suit Injunctions Arbitration Arbitration Agreements UK UNCITRAL

"The Increasing Appeal and Novel Use of Bilateral Investment Treaties"

Over the last 20 years, bilateral investment treaties (BITs) have provided foreign investors with basic safeguards against expropriation and related risks and guarantee the right to bring claims before a neutral arbitral...more

4/30/2013 - Arbitration Bilateral Investment Treaties Expropriation Foreign Investment ICSID NAFTA UNCITRAL

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