Investors seeking to invest abroad – including investment funds – should safeguard and strengthen their investments by considering treaty protections. Investment Treaties can provide foreign investors access to substantive...more
On Jan. 17, a U.S. citizen brought a $110 million lawsuit in the U.S. District Court for the District of Columbia for damages caused by Curaçao and St. Maarten government actors. The basis for the suit, Ansary v. Central Bank...more
In May 2022 the Biden Administration launched negotiations with thirteen countries throughout the Asia Pacific region on, what it described as, a new type of trade and economic agreement called the Indo-Pacific Economic...more
The Hong Kong government expects to begin discussions next year to join the Regional Comprehensive Economic Partnership (RCEP). RCEP, the largest free trade agreement ever, should have the effect of lowering tariffs,...more
USTR announced that the actions arising from the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation would continue in light of hundreds of...more
La posibilidad de presentar reclamos de inversiones existentes conforme al Capítulo 11 del Tratado de Libre Comercio de América del Norte (TLCAN) para la solución de controversias entre inversionistas y Estados pronto...more
On September 30, 2022, Russian President Vladimir Putin purported to annex four Ukrainian provinces: Luhansk, Donetsk, Kherson, and Zaporizhzhia. This escalation is likely to trigger investment treaty claims against Russia....more
The Inflation Reduction Act (IRA) was signed into law by President Biden on August 16, 2022. The IRA made major changes to United States rules for electric vehicle (EV) tax credits. The IRA and its implications for...more
On 20 and 21 July 2022, the United States and Canada requested consultations with Mexico under the United States-Mexico-Canada Agreement (USMCA) regarding various energy measures that favor Mexico's state-owned electrical...more
Los días 20 y 21 de julio de 2022, los Estados Unidos y Canadá solicitaron consultas con México en el marco del Tratado entre México, Estados Unidos y Canadá (T-MEC) en relación con varias medidas energéticas que favorecen a...more
The U.S. Supreme Court issued a rare unanimous decision on June 13 in a pair of consolidated cases that will have broad ramifications for international arbitration. In ZF Automotive US Inc. v. Luxshare Ltd. and AlixPartners...more
On March 23, 2022, the Supreme Court heard arguments on the challenges to whether international arbitrations, including private commercial arbitration and investor-state arbitration, qualify as “foreign or international...more
For those enterprises that have or had ongoing business arrangements and investments in Russia, now is the time to assess and fully understand risks entailed –whether electing to stay in Russia, to withdraw, or to curtail...more
As the U.S. Supreme Court considers two cases involving the availability of discovery in international arbitration proceedings, a district court puts discovery in aid of arbitration on hold. What has happened U.S. courts...more
Disputes involving statutory and regulatory changes are traditionally subject to litigation before local courts or local administrative bodies. Nonetheless, international investment arbitration offers foreign investors an...more
A recent investor-state arbitration decision under the investment chapter of the North American Free Trade Agreement (NAFTA Chapter 11), Vento v. Mexico, demonstrates that foreign investors protected by an international...more
On 24 April 2020 United States Trade Representative (USTR) Robert Lighthizer notified Congress that the United States-Mexico-Canada Agreement (USMCA) will enter into force 1 July 2020. As a result, the North American Free...more
5/27/2020
/ Canada ,
Cross-Border Transactions ,
Exports ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Helms-Burton) allows U.S. persons to bring an action in U.S. federal court to seek damages for “trafficking” in property confiscated by the...more
On 20 June 2019 the Office of the United States Trade Representative (USTR) announced the final product exclusion process for List 3 by which U.S. stakeholders can request exclusion of particular Chinese products classified...more
6/25/2019
/ China ,
Cross-Border Transactions ,
Exclusion List ,
Foreign Investment ,
Imports ,
Section 301 ,
Trade Act of 1974 ,
Trade Wars ,
Trump Administration ,
Unfair or Deceptive Trade Practices ,
USTR
On 4 June 2019 the Trump administration implemented certain regulatory changes first announced on 17 April 2019 by National Security Advisor Ambassador John Bolton in a foreign policy address regarding the Trump...more
On 15 June 2018 the United States Trade Representative (USTR) announced the imposition of additional 25 percent tariffs (i.e., a 25 percent tax) on US$34 billion in annual imports from China. The new duties will be effective...more
As potential trade war looms, nearly 1,300 U.S.-imports may be subject to additional 25 percent tariffs under Section 301.
U.S. imports from China potentially subject to additional duties include certain chemicals,...more
4/9/2018
/ Aluminum Sales ,
China ,
Foreign Relations ,
Global Market ,
Imports ,
National Security ,
Steel Industry ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
On May 18, 2017, U.S. Trade Representative (USTR) Robert Lighthizer formally notified Congress of the Trump Administration's intent to renegotiate the North American Free Trade Agreement (NAFTA) with Mexico and Canada. The...more
5/26/2017
/ Canada ,
Countervailing Duties ,
Cross-Border Transactions ,
Exports ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Trade Relations ,
Trans-Pacific Partnership ,
Trump Administration ,
USTR
On December 23, 2016, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) published a number of changes to the Iranian Transactions and Sanctions Regulations (“ITSR,” 31 C.F.R. Part 560) that expanded the...more
1/20/2017
/ Agricultural Sector ,
Commodities ,
Export Controls ,
Exports ,
General Licenses ,
Healthcare ,
Imports ,
Iran ,
Iran Sanctions ,
Manufacturers ,
Medical Devices ,
Obama Administration ,
Office of Foreign Assets Control (OFAC) ,
Pharmaceutical Industry ,
Software