International Trade Finance & Banking Alternative Dispute Resolution (ADR)

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Planning for Disputes in Cross-Border Private Equity Deals: Managing Risk (and Getting Some Benefits) with International...

Planning for future disputes is essential to managing the risk of any transaction — but it is ever more so for private equity managers, who are increasingly investing in foreign assets and in industries exposed to sovereign...more

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

Arbitration Report - July 2014

In this Report: - U.S. Personal Jurisdiction Limits on Actions under the New York Convention: First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd. - Update on Most...more

Italian Government Cuts Incentives for Photovoltaic Plants

The final wording is not yet official, and there may still be some last minute changes before its publication in the Official Gazette, but the Italian Ministry of Economic Development and the Ministry of Finance felt certain...more

U.S. Supreme Court Decision Reinstates $185 Million Arbitral Award - Placing New Focus on Clear Prerequisites to Arbitration in...

In an opinion issued in BG Group PLC v. Republic of Argentina, 134 S. Ct. 1198 (2014), the United States Supreme Court found that a prerequisite to arbitration was a procedural issue to be decided by the arbitration panel and...more

International Arbitration of Financial Disputes: Key Questions Answered

This article addresses key questions concerning the use of international arbitration in cross-border financial transactions, and includes a discussion of the International Swaps and Derivatives Association (ISDA) September...more

Supreme Court clarifies competence-competence principle

In a highly anticipated decision, the US Supreme Court recently confirmed a $185 million award against Argentina in BG Group Plc v Republic of Argentina. The BG Group decision is significant for international arbitration...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

Amendment to Dubai International Finance Centre (DIFC) Arbitration Law

What has happened? The reputation of the Dubai International Financial Centre (DIFC) as a burgeoning hub for international arbitration was significantly boosted late last month, when the DIFC Authority amended the DIFC...more

Cross-border derivatives disputes: ISDA Arbitration Guide 2013 model clauses offer more certainty

The 2013 International Swaps and Derivatives Association (ISDA) Arbitration Guide has been published following a two-year consultation with ISDA members. The Guide provides model clauses for various forms of arbitration...more

International Arbitration - Q4 2013

AUSTRALIA: NEW GOVERNMENT MAY LEAD TO OPPORTUNITIES FOR INVESTOR/STATE ARBITRATION - This autumn, the people of Australia elected a new federal government, presenting a number of potential opportunities for...more

Australia: new government may lead to opportunities for investor/state arbitration

This autumn, the people of Australia elected a new federal government, presenting a number of potential opportunities for investor-state arbitration in Australia. First, the new government has reviewed its position...more

Canada Ratifies the ICSID Convention: Enhancing Legal Rights and Protections for Canadian Investments Abroad

Introduction - If the effectiveness of any dispute-settlement process is to be measured by the existence of impartial and well-defined rules, finality of the outcome and enforceability of the decision, Canada’s...more

Energy Newsletter - December 2013

In This Issue: - Energy Trading Disputes: Gas Price Reopeners - Mongolian Mining Sector Update: Regulatory Uncertainty and Risk Mitigation Strategies - An Introduction to Reserve Based Lending and the UK...more

Successful Strategies For Doing Business In Asia: China

1. What role does the government of China play in approving and regulating foreign direct investment? In the past, foreign investment in China was highly regulated. However, following China’s entry into WTO a decade...more

South Africa Issues Draft Bill on Investment Protection without General Recourse to International Arbitration for Foreign...

On 1 November 2013, the South African Department of Trade and Industry made public a draft "Promotion and Protection of Investment Bill" (the "Draft Bill"). The Draft Bill is intended to promote investment by modernizing the...more

2013 ISDA Arbitration Guide Published

On 9 September 2013, the International Swaps and Derivatives Association, Inc. (ISDA) published its 2013 ISDA Arbitration Guide. The decision to introduce optional arbitration clauses for the 1992 and 2002 ISDA Master...more

ICSID Growth Continues as Canada Ratifies and Cases Diversify

The World Bank arbitration system for foreign investment disputes continues to grow. On 1 November 2013, Canada deposited its instrument of ratification of the ICSID Convention with the World Bank. Almost seven years after...more

Finally, Membership Will Have its Privileges: Canadian Investors Abroad to Benefit as Canada Joins ICSID

Canada has announced, on November 1, 2013, that it has ratified the ICSID Convention and will at long last become a member of the principal international rule-making and administrative body for disputes between investors and...more

ISDA Adopts Model Arbitration Clauses for Use with ISDA Master Agreements

Following extensive consultation with its members, in September 2013 the International Swaps and Derivatives Association (“ISDA”) published seven model international arbitration clauses (the “Model Arbitration Clauses”) for...more

Interest Rate Swap Agreements: Draft Information Letter of the Russian Supreme Commercial Court

This alert discusses the recently published Draft Information Letter of the Presidium of the Russian Federation Supreme Commercial Court (the “SCC”) entitled “Dispute Resolution Issues Arising out of Interest Rate Swap...more

Resolving Islamic finance disputes through international arbitration

The tendency to favor litigation - Litigation through the courts is the most well-known method of determining disputes. A recent judgment of the UK Tax Chamber of the First Tier Tribunal published on the 15th July 2013...more

Resolving Islamic Finance Disputes

The number of Sharia-compliant products and transactions has grown enormously over the past decade. Many of the contracts that underpin Islamic finance transactions are governed by English law or the law of another country,...more

Banking Disputes Alert: Derivative transactions - ISDA Arbitration Guide 2013: Model clauses provide a step towards certainty

BACKGROUND - The 2013 ISDA Arbitration Guide was published last week (9 September 2013) following a two-year consultation with ISDA members. It provides model clauses for various forms of arbitration for use in...more

Recent Developments: Kenya—What Legal Options are Available to Mining Companies?

Foreign mining companies with investments in Kenya whose mining licenses are cancelled and/or whose revenues decrease as a result of these new drilling charges and/or royalty schemes may be able to bring compensation claims...more

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