News & Analysis as of

Bilateral Investment Treaties

Africa Focus: Arbitration in Africa - Managing risk in a growing market

by White & Case LLP on

Today, many areas of the African economy are still growing despite challenges due to sharp reductions in the price of oil and other natural resources. Besides the industries related to the continent's natural resources,...more

Implications of the 2016 US Presidential Election for Trade Policy

by White & Case LLP on

The election of Donald J. Trump as the 45th President of the United States will have important implications for US trade policy. Assessing these implications in the immediate aftermath of the presidential election is,...more

Briefing note: New laws create potential for arbitration claims against Tanzania

by Allen & Overy LLP on

Potential arbitration claims arising from three acts affecting investors in natural resources projects in Tanzania INTRODUCTION - In July 2017, three new laws (the Acts) entered into force in Tanzania which could have...more

Tanzania Overhauls Mining Laws, Fines Investor US$190 Billion: Is Your Investment Protected?

by Jones Day on

Recently, Tanzania enacted a series of mining laws that significantly erode protection for existing and future investments in the mining industry. As part of these measures, one foreign investor has been assessed a US$190...more

Minimizing Risks and Maximizing Opportunities in China-Latin America Investment

On June 1, 2017, Skadden hosted the webinar “Minimizing Risks and Maximizing Opportunities in China-Latin America Investment.” Topics of discussion included the increasing importance of Chinese investment in Latin America,...more

Investment Trends in India

On 22 June 2017, Skadden and Khaitan & Co hosted a seminar titled “Investment Trends in India” at the Institute of Directors in London. David Kavanagh QC, global co-head of Skadden’s International Litigation and...more

Bilateral Arbitration Treaties at the 50th Anniversary of UNCITRAL

by WilmerHale on

At the 50th anniversary of the United Nations Commission on International Trade Law (“UNCITRAL”) Congress, Gary Born, chair of Wilmer Cutler Pickering Hale and Dorr LLP's International Arbitration Group, discussed his...more

Venezuela Mines for a Reversal in Federal Appeals Court

Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia’s federal court of appeals. The award capped a bitter dispute between Venezuela and Crystallex International Corporation, a...more

Roundtable on Geopolitical Risks and Effective Response Strategies

On May 4, 2017, 15 business leaders gathered at Skadden’s Palo Alto office to discuss the current political and policy environments in the U.S. and abroad, as well as their implications for the technology sector. Participants...more

EU Court confirms EU competence on wide range of trade areas in opinion on EU-Singapore FTA

by White & Case LLP on

Following the Advocate General's related advisory opinion in December 2016, the Court of Justice of the EU (CJEU) has delivered its Opinion (2/15) on the EU-Singapore FTA. While the Court's Opinion confirms that the EU alone...more

Ecuador terminates 12 BITs - a growing trend of reconsideration of traditional investment treaties?

by DLA Piper on

On 3 May 2017, the Ecuadorean National Assembly (Ecuador's legislative body) approved the denunciation of 12 bilateral investment treaties (BITs), with China, Chile, Venezuela, the Netherlands, Switzerland, Canada, Argentina,...more

ICSID Committee Annuls Nearly 90% of Award Against Venezuela

An International Centre for Settlement of Investment Disputes (ICSID) Committee has annulled nearly 90% of the US$1.6 billion Award which had been won by ExxonMobil affiliates in their ICSID arbitration against Venezuela...more

District Court Confirms Arbitral Award Against Venezuela In Dispute Over Gold Deposits Contract

by Carlton Fields on

A federal district court in Washington, D.C. recently confirmed a $1.2 billion arbitral award in favor of Crystallex International Corp. against Venezuela after the country’s Ministry of Environment denied a necessary permit...more

Canadian Mining Company Strikes Gold in US Court

by WilmerHale on

Arbitration analysis: Steven Finizio and Manuel Casas at WilmerHale, consider the US District Court’s decision in Crystallex v Venezuela to uphold the $1.2bn damages award and suggest that the case reaffirms the deferential...more

The UK and the World Trade Organization (WTO): What Happens After Brexit?

by White & Case LLP on

On 29 March 2017, the UK will formally trigger the Article 50 process to begin the negotiations for Brexit. If there is a 'hard Brexit' in 2019, the UK would trade with the EU – along with most of the rest of the world – on...more

Investors in Southern African Development Community Stripped of International Treaty Protections

by Jones Day on

In January 2014, Jones Day reported on the protection offered to foreign investors in Sub-Saharan Africa pursuant to the Southern African Development Community ("SADC") enacted on April 16, 2010. As noted in that Commentary,...more

Rules of the (International) Road

by Carlton Fields on

Going international is a complicated undertaking. Your specific situation and concerns will determine the steps required. The following outlines, very generally, some issues you must consider as you contemplate international...more

"Key Takeaways: Minimizing Risks and Maximizing Opportunities in China-Latin America Investment"

On February 6, 2017, Skadden hosted the webinar “Minimizing Risks and Maximizing Opportunities in China-Latin America Investment.” Topics of discussion included the increasing importance of Chinese investment in Latin...more

Investment Treaty Arbitration: How Multinationals Can Structure Their Investments to Obtain Treaty Protection

by King & Spalding on

In a previous article, we explained how a U.S.-based company that had established a subsidiary abroad could benefit from protections against unfair conduct of a foreign State that are found in most bilateral investment...more

In Chinese Investment Treaties, Questions Arise on Who Qualifies for Protection

Despite recent criticism from some quarters concerning the use of investment treaties and free trade agreements, the Chinese investment treaty system remains firmly in place. Since 1982, the People's Republic of China (PRC)...more

"Regional Focus: Asia"

A number of economic and political factors, both domestic and international, influenced M&A and capital markets activity worldwide in 2016. Skadden attorneys Christopher W. Betts, Will H. Cai, Z. Julie Gao, Bradley A. Klein,...more

Holding investors to account for human rights violations through counterclaims in investment treaty arbitration

by Allen & Overy LLP on

The relationship between international investment law and international human rights law has become increasingly relevant in recent years. How and to what extent a state should be permitted to rely on its human rights...more

South Africa’s Protection of Investment Act

by Dentons on

Since 2012, South Africa has terminated the bilateral investment treaties (BITs) with European countries such as Denmark, Spain, Germany, Belgium, Luxembourg, Switzerland and the Netherlands. South Africa’s BITs with Russia...more

December 2016: International Arbitration Update

Non-Pecuniary Remedies in Investment Treaty Arbitration. Many of the popular criticisms of investment treaty arbitration are directed at its potential to interfere with the autonomy of sovereign States to make and apply their...more

Why Brexit is Not Bad News For UK-Based Arbitration and Litigation

by Dechert LLP on

A lot has been said about the uncertainties surrounding Brexit and its likely impact on doing business with and within the UK. Will London remain Europe’s financial centre? Will the UK reinstate customs duties on imports and...more

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