ICSID Tribunal Finds That Colombia Violated the Minimum Standard of Treatment but Did Not Indirectly Expropriate the Investment in Eco Oro v. Colombia - In September 2021, an International Centre for Settlement of Investment...more
3/2/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Bilateral Investment Treaties ,
Discovery ,
Dispute Resolution ,
ICSID ,
International Arbitration ,
Jurisdiction ,
Latin America ,
Office of Foreign Assets Control (OFAC)
In a January 2021 webinar titled “The USMCA: Six Months On,” Skadden International Litigation and Arbitration partners Julie Bedard, David Herlihy, Timothy G. Nelson and Jennifer Permesly and CFIUS, National Security and...more
This edition offers insights regarding COVID-19 ’s impact on mergers and acquisitions and on construction projects, recent changes to International Chamber of Commerce rules, and developments relating to discovery in aid of...more
3/2/2021
/ 28 U.S.C. § 1782 ,
Acquisitions ,
Bilateral Investment Treaties ,
Construction Project ,
Corporate Counsel ,
Discovery ,
Dispute Resolution ,
Foreign Arbitral Awards ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
International Construction Projects ,
Latin America ,
Material Adverse Change Clauses (MACs) ,
Mergers ,
UNCITRAL
Impact of COVID-19 on Cross-Border Disputes -
Cross-border disputes in the year 2020 are likely to be significantly impacted by the current outbreak of COVID-19, and disputes involving Latin America are no exception. The...more
5/18/2020
/ Arbitral Authority ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Corruption ,
Criminal Investigations ,
Cross-Border Transactions ,
Cuba ,
Dispute Resolution ,
Enforcement of Foreign Judgments ,
Federal Pleading Requirements ,
Helms-Burton Act ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
International Litigation ,
Latin America ,
Parallel Proceedings ,
SCOTUS ,
Signatures ,
Subcontractors ,
United States-Mexico-Canada Agreement (USMCA)
US Supreme Court Issues Trio of Arbitration Decisions -
During its 2018-19 term, the U.S. Supreme Court issued decisions in three cases involving arbitration matters. These decisions, discussed further in our September 26,...more
10/29/2019
/ 28 U.S.C. § 1782 ,
Arbitrators ,
Class Arbitration ,
Commercial Electronic Messages ,
Cross-Border Transactions ,
Cuba ,
Discovery ,
Dispute Resolution ,
Electronically Stored Information ,
Exceptions ,
Expropriation ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
Foreign Tribunals ,
FRCP 37(e) ,
Helms-Burton Act ,
Henry Schein Inc v Archer and White Sales Inc ,
International Arbitration ,
International Litigation ,
Lamps Plus Inc v Varela ,
Latin America ,
New Prime v Oliveira ,
Private Right of Action ,
Question of Arbitrability ,
Request for Production ,
SCOTUS ,
Text Messages ,
Treble Damages ,
U.S. Foreign Claims Settlement Commission (FCSC) ,
Venezuela
On September 30, 2018, the United States, Mexico and Canada announced they had reached an agreement to revamp the 24-year-old North American Free Trade Agreement (NAFTA), which now will be known as the United...more
10/3/2018
/ Bilateral Investment Treaties ,
Canada ,
Expropriation ,
Foreign Investment ,
International Arbitration ,
Investor Protection ,
Investors ,
Mexico ,
Most-Favored Nations ,
NAFTA ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
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
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
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