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Korea Quarterly - August 2016

Controlling Costs in International Arbitration - Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators...more

Restructuring business to take advantage of investment treaty – a cautionary tale

In Philip Morris Asia Ltd v The Commonwealth of Australia, PCA Case No. 2012-12, Award on Jurisdiction and Admissibility, an investment arbitration tribunal has found that the Philip Morris International group (PMI Group)...more

Privacy Shield to Open for Business August 1

After more than two years of negotiations, on July 12, 2016, the European Commission formally adopted the EU-U.S. Privacy Shield (the “Privacy Shield”) framework as a valid mechanism for transfers of personal data from the EU...more

Investment Treaty Arbitration: How Multinational Food and Beverage Companies Can Avoid Litigation in Foreign Courts

Imagine a U.S.-based olive oil company that has established a subsidiary in Croatia — a Mediterranean country ideal for growing olives and processing their oil — for its supply and processing needs. Olive oil consumption has...more

Brexit: What You Need To Know - Litigation

As the intertwined laws of the UK and the EU are unravelled in the exit negotiations, changes to litigation seem inevitable. Contracts: At the moment the changes are unknown and in particular we do not know if any...more

Iran's World Court Case Against the United States May Impact Investment Arbitration

On June 14, 2016, the Islamic Republic of Iran sued the United States of America in the International Court of Justice (also known as the “World Court” or the “ICJ”) in the Hague, alleging that the U.S. government had...more

Brexit: Governing Law, Jurisdiction and Arbitration Clauses

On Thursday 23 June 2016, in a referendum on the UK’s continued membership of the EU, a majority of those polled voted to leave. As we commented in our note dated 24 June, the result “is expected to lead to a high degree of...more

D.C. Circuit Further Restricts the Scope of Foreign Sovereign Liability for Acts of State-Owned Companies

Those doing business with foreign governments would be wise to adhere to the dictate of caveat venditor: seller beware. Cross-border “government” contracting often involves doing business not directly with the sovereign...more

Tokyo Dispute Resolution and Crisis Management Newsletter - April 2016

Energy Charter Treaty Arbitration - Claims Against Spain and Italy as a Result of Alterations to their Renewable Energy Legislation - In recent years, there have been a raft of Energy Charter Treaty (“ECT”)...more

Polish Government considers termination of all the bilateral investment treaties – will this affect foreign investments in Poland?

The Polish Government’s announcement that it would consider terminating its bilateral investments treaties (BITs) with other countries has been the focus of a great deal of attention in the last few weeks....more

New York Adopts Rules Permitting Practice of Law by Foreign-Admitted In-House Counsel and Attorneys Temporarily in New York

Effective December 30, 2015, in-house lawyers working in New York who are only admitted to practice outside the United States are no longer limited to serving as foreign law advisors, but registration is required within 90...more

Successful Strategies for Doing Business in Asia: Philippines

WHAT ROLE WILL THE GOVERNMENT OF THE PHILIPPINES PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? The following Philippine government agencies are involved in approving and/or regulating foreign direct...more

Treasury Releases Select Draft Provisions for Next U.S. Model Income Tax Treaty

The Treasury Department announced draft changes for the U.S. Model Income Tax Treaty — the baseline text used by the Treasury Department when it negotiates tax treaties. The current U.S. Model was last updated in 2006. The...more

Let Us Now Praise Opposing Councel

But the Process can go a whole lot smoother and faster if the opposing counsel knows the area well enough to tell and advise the client as to the reality of the situation and reject spurious arguments that just waste...more

The Role of Arbitration in International Business

International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses in different countries. In this detailed presentation, Igor Ellyn, QC, an experienced...more

Court Funding Cuts Suggest Need For Better Business Planning

The bad news for court funding in California continues. According to the Sacramento Business Journal, Governor Brown’s May revision of the State budget includes a $300 million cut in funding for trial courts and achieves...more

DISPUTE RESOLUTION: International Arbitration: Threats to Investment Protection in the EU Energy Sector by John Gaffney

This article examines threats to the investment protections afforded by bilateral investment treaties (“BITs”) between EU Member States (“intra-EU BITs”) in the energy sector and suggests ways in which these threats may be...more

The Importance Of Recognizing And Responding To Legal Issues

An important skill set that corporate executives, managers and business owners need in order to effectively manage the risks of their operation is the ability to recognize and respond to legal issues in a timely manner....more

Canadian Government Announces Changes to the Investment Canada Act

In a series of announcements and statutory amendments over the last several years, the Canadian government has signalled its intent to limit reviews under the Investment Canada Act (ICA) to more significant transactions and...more

Russian Legal Update - May 2012

In This Issue: - p1 Russia Finally Establishes a Central Securities Depository Increasing Transparency in the Russian Securities Market - p3 Enforcement Procedure for Pledged Property Modified - p4 Investment...more

Variable Interest Entity (VIE) Structures Face Additional Scrutiny for Hong Kong Listing

Since its first use by Sina Corporation in 2000, the VIE structure has been widely adopted by many Chinese companies to attract foreign investment and complete offshore listings. While companies operating under VIE structure...more

JAMS Dispute Resolution Alert - Winter 2011

In This Issue: In Depth -- Delaware Business Court Arbitration Program Provides Fast Resolution Path for Fortune 500 Company Disputes; ADR Conversations -- A Q&A about new UNCITRAL Online Dispute Resolution Rules; ADR...more

A Reason To Reincorporate In Nevada (Or California Or Delaware)?

Why read the papers when you can watch the video? In this month’s issue of California Lawyer magazine, Thomas Brom writes about an unusual opportunity to watch an arbitration proceeding between a Canadian gold mining...more

Business and Legal Thoughts About Strategic Alliances

Strategic alliances present unique challenges to business executives and to legal counsel who provide advice and counsel on the myriad issues that can arise in a strategic alliance. In the strategic alliance context, the...more

RFOR - Recognition of a Foreign Arbitration Award is Not Barred By a Local Action Filed in Brazil

Recently, in a case handled by our law firm, the Brazilian Superior Court of Justice (“STJ”) ruled that the recognition of a foreign award is not barred by the simple existence of a concurrent lawsuit with the...more

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