International Trade Energy & Utilities Civil Remedies

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Energy Charter Treaty and the YUKOS/Russia experience

On 28 July 2014, the Permanent Court of Arbitration in the Hague published a final award in an Energy Charter Treaty (ECT) arbitration that has been active for the past decade, ordering the Russian Federation (Russia) to pay...more

Energy Litigation Update: Measure of Damages for Breach of a Contract to Drill Exploratory Oil or Gas Well: U.S. and English Law.

Measure of Damages for Breach of a Contract to Drill Exploratory Oil or Gas Well - U.S. and English Law. With recent increasing frontier exploration activity, greater attention has fallen on the value of work...more

Taking the Fight to the Ice: Ontario Court of Appeal allows enforcement action against Canadian subsidiary for environmental...

In Yaiguaje v Chevron Corporation, 2013 ONCA 758, the Ontario Court of Appeal held that Ontario has jurisdiction to recognize and enforce a foreign judgment against a Canadian subsidiary that was not a party to the foreign...more

Indonesian Government Imposes Export Ban on Nickel and Bauxite

As of January 12, Indonesia has banned the export of the unprocessed ores, nickel and bauxite. The ban may have consequences for investments in the area and could trigger international claims by foreign investors and...more

Quantum Quarterly - The Damages Newsletter - Issue 05 | 2Q 2013

We are pleased to present the latest edition of Quantum Quarterly, a publication of King & Spalding’s International Arbitration Group. This edition includes an interview with noted energy valuation expert Wayne R. Wilson,...more

Court Vacates SEC Rule on Disclosure of Government Payments by Resource Extraction Issuers While Similar EU Requirement Is...

On July 2, 2013, a US court vacated the new SEC rule requiring resource extraction issuers to file annual reports with information about government payments for the commercial development of oil, natural gas or minerals....more

Another Victory for Arbitration: the UK Supreme Court

The United Kingdom’s highest court, the Supreme Court, has confirmed that English courts may intervene to issue an “anti-suit” injunction to restrain a party from bringing court proceedings in violation of an arbitration...more

Not on the Rink in My Backyard - Ontario Court Rejects Bid to Enforce Ecuadorian Judgment Against Chevron Corp.

It is well-known that for 20 years Chevron Corp. has been engaged in litigation with residents of the Lago Agrio region of Ecuador over alleged environmental and health damage arising out of oil exploration activities by...more

PEMEX Files Suit to Recover $160 Million in Bribery Case

Mexican state oil company Pemex has filed a lawsuit in New York seeking to recover nearly $160 million from Germany's Siemens and South Korea's SK Engineering & Construction Co. Ltd. in a global bribery case, a law firm...more

International Investment Treaties as a Possible Shield Against Government Cutbacks in Subsidies for the Green Energy Sector

A number of governments around the world have recently curtailed their incentive schemes for green energy producers. These measures have often led to disruption of the basic economic assumptions of many ongoing or newly...more

SEC Rejects Motion to Stay Resource Extraction Disclosure Rules

On November 8, the Securities and Exchange Commission denied a motion to stay the effective date of the recently enacted resource extraction disclosure rules. These rules, adopted by the SEC on August 22, require public...more

SEC Rejects Request to Stay New Extractive Industry Transparency Rule

On November 8, the Securities and Exchange Commission (“SEC”) rejected a request by industry groups to stay new regulations requiring disclosure of payments to governments relating to oil, gas, and mining projects. The...more

SEC Rejects Stay of Resource Extraction Rules

On November 8, 2012, the SEC rejected a motion to stay the resource extraction rules pending outcome of litigation challenging the validity of the rules....more

Supreme Court Refuses to Hear Chevron's Appeal re $18 Billion Ecuador Contamination Case

On Tuesday, the U.S. Supreme Court denied Chevron's petition for certiorari from a decision of the Second Circuit Court of Appeals. Chevron had asked the federal courts for an injunction barring the enforcement of a $18...more

Asadi v. G.E. Energy (USA), LLC

Order of Dismissal

U.S. District Judge Nancy Atlas granted dismissal of a lawsuit filed by a former General Electric Co. executive under a federal whistle blowing statute. The court held that the anti-retaliation clauses of the Dodd-Frank...more

Crisis in Libya: What Legal Options are Available to Oil and Gas Companies?

In 2010, Libya produced 1.65 million barrels of crude oil per day, more than 80% of which was exported. Over the past three months, production has plunged to less than 200,000 barrels per day and exports have virtually ceased...more

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