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)
Despite recent criticism from some quarters concerning the use of investment treaties and free trade agreements, the Chinese investment treaty system remains firmly in place. Since 1982, the People's Republic of China (PRC)...more
2/6/2017
/ Bilateral Investment Treaties ,
China ,
Expropriation ,
Hong Kong ,
ICSID ,
International Arbitration ,
International Litigation ,
Investor Protection ,
Jurisdiction ,
Macau ,
Singapore ,
UNCITRAL
On November 5, 2015, after seven years of high-stakes negotiations, the Office of the United States Trade Representative released the draft Trans-Pacific Partnership (TPP), a proposed free trade agreement among the United...more
Most investment treaties assure investors that, in the event of expropriation, they will receive compensation based on the market value of the enterprise at the time of seizure (excluding the negative valuation effects of any...more
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