International Law & Trade, Finance & Banking, Alternative Dispute Resolution (ADR)

Resource nationalism and its impact on infrastructure projects

by Peter Cassidy, Joseph Otoo | Reed Smith on 5/19/2013

Introduction - The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host states...more

"The Increasing Appeal and Novel Use of Bilateral Investment Treaties"

by David Herlihy, David Kavanagh, Timothy Nelson | Skadden, Arps, Slate, Meagher & Flom LLP on 4/30/2013

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

Cyprus Bailout: Potential Recourse for Lost Investments

by Owen Hammond, Bruce Johnston, Peter Sharp, Iain Wright | Morgan Lewis on 4/15/2013

Large depositors in Cyprus's two largest banks may consider international arbitration and appeals to the European courts to recover funds lost under the bailout plan....more

Corporate and Financial Weekly Digest - March 29, 2013

by Katten Muchin Rosenman LLP on 4/1/2013

In this issue: - Proposed Change to FINRA Rule Regarding Release of Disciplinary Complaints, Decisions and Other Information - SEC Approves on an Accelerated Basis FINRA Rule Change Relating to Margin...more

The Global Prenup

by MoFo Tech on 2/21/2013

Think two steps ahead to keep your international deals afloat - You’re excited about that joint venture deal you signed with an overseas company. Together you’ll build a factory that will take orders from both sides,...more

DISPUTE RESOLUTION: International Arbitration: EU Member State Defends Measures Adverse to Energy Sector Investments on the basis...

by King & Spalding on 2/6/2013

A recent decision in the investment treaty case, Electrabel S.A. v. the Republic of Hungary, represents an important contribution to the rapidly-growing case law concerning the relationship between EU law and intra-EU...more

2013 Amendments to United States and Japan Income Tax Treaty

by Baker, Donelson, Bearman, Caldwell &... on 2/6/2013

On January 24, 2013, the United States and Japan signed a proposed protocol to amend the existing tax treaty between the two countries, which was entered into in 2003. The amendments, which will take effect when ratified by...more

The Canada-China Foreign Investment Promotion and Protection Agreement: Investor-State Dispute Settlement Provisions

by Michael Woods | Heenan Blaikie LLP on 1/10/2013

Negotiations for a bilateral Foreign Investment Promotion and Protection Agreement [“FIPA”] between Canada and China have been ongoing for over a decade. An agreement was finally signed on September 9, 2012 during Prime...more

Private Equity Newsletter - Fall/Winter 2012 Edition: Negotiating Private Equity and M&A Deals in the Middle East

by Rodolphe R.A. Pellerin, Chris P. Sioufi | Dechert LLP on 12/19/2012

After a number of ebullient years of activity until late 2007, the Middle Eastern private equity industry is facing new challenges as fund-raising is getting tougher and investors across the board have become more demanding....more

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic...more

International Arbitration Involving Latin America in South Florida: Part 1 of 2

by Bilzin Sumberg Baena Price & Axelrod LLP on 10/18/2012

Already a well-established center for commerce and finance involving Latin America, South Florida’s profile as an international arbitration center for commercial disputes involving Latin America has been on a spectacular...more

Abu Dhabi Oil & Gas Update: Investment Protection

by Pillsbury Winthrop Shaw Pittman LLP on 9/28/2012

The United Arab Emirates and the Emirate of Abu Dhabi do not have any domestic laws to protect foreign investors from nationalization or expropriation, but the UAE is a signatory on a number of bilateral investment treaties...more

India’s Supreme Court Limits Involvement of Indian Courts in Foreign Arbitrations

by Pillsbury Winthrop Shaw Pittman LLP on 9/28/2012

On September 6, 2012, the Supreme Court of India overruled a prior decision and acted to limit the scope of the Indian Arbitration Law and the role of Indian courts in arbitrations where the parties have chosen the seat to be...more

Ruling No. 1831/12 of the Russian Supreme Arbitrazh Court of June 19, 2012 on Split Jurisdiction Clauses

by Orrick, Herrington & Sutcliffe LLP on 9/13/2012

The above ruling, after being delayed for a month, was finally published on September 2, 2012. It relates to a split jurisdiction clause of a type that is in common use, for example in loan agreements, and which limits...more

TRANSACTIONAL: Venezuela’s Exit from the ICSID Convention Casts a Shadow on Foreign Investment

by King & Spalding on 9/10/2012

On January 24, 2012, Venezuela notified the World Bank of its decision to denounce the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention or Washington...more

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

by King & Spalding on 8/2/2012

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

Abu Dhabi Oil & Gas Update: Upstream Opportunities for New Entrants Perspectives on latest developments

by Pillsbury Winthrop Shaw Pittman LLP on 6/30/2012

The Abu Dhabi National Oil Company (ADNOC) has reportedly invited select international oil companies (IOCs), and possibly some national oil companies (NOCs), to pre-qualify for the expected award of oil exploration and...more

Canadian Government Announces Changes to the Investment Canada Act

by Bennett Jones LLP on 6/18/2012

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

ICSID Arbitration Ruling Decides Initial Jurisdictional Issues

by Cadwalader, Wickersham & Taft LLP on 6/8/2012

Pacific Rim v El Salvador (ICSID Case No. ARB/09/12) is a recent decision by the International Centre for Settlement of Investment Disputes (ICSID). The arbitration is brought under the Dominican Republic — Central America —...more

Amendments to the HKSFC Code of Conduct

by Dechert LLP on 5/25/2012

Following the conclusion of a two-month public consultation period, the Hong Kong Securities and Futures Commission (SFC) announced on 21 May 2012 amendments to the Code of Conduct for Persons Licensed by, or Registered with,...more

Reinsurance Redux - May 2012

by Saul Ewing LLP on 5/18/2012

In This Issue: - Reinsurer’s Obligation to Provide Coverage to Reinsured Not Contingent Upon Exhaustion of Limits of Primary Policy In granting an insurer’s motion for judgment on the pleadings, the United States...more

Russian Legal Update - May 2012

by Dechert LLP on 5/18/2012

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

Dispute Resolution in Islamic Finance

by K&L Gates LLP on 4/23/2012

This article was first published in the "Global Islamic Finance Report 2012" in April 2012. The number of Sharia compliant products that are available has grown enormously over the past few years. Many Islamic finance...more

Venezuela’s Exit from ICSID

by K&L Gates LLP on 2/10/2012

On 24 January 2012, President Hugo Chávez followed through on his repeated threats to withdraw Venezuela’s membership from the International Centre for the Settlement of Investment Disputes...more

Energy Newsletter - December 2011

by King & Spalding on 12/1/2011

In This Issue: - TRANSACTIONAL: - Transactions/Russia: Russia: Expanding Opportunities for Foreign Investment in Major Oil and Gas Deposits - Corporate/London: Focus on Shale Gas in the UK: Current Developments...more

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International Law & Trade › Finance & Banking › Alternative Dispute Resolution (ADR)