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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

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

Recent Developments: Mozambique—What Legal Options are Available to Investors in Oil, Gas and Mineral Resources?

Recent developments in Mozambique, including the announcement on October 21, 2013, by opposition party RENAMO (Mozambican National Resistance) that it would no longer abide by the 1992 peace pact that ended years of civil war...more

Bilateral Investment Treaties Would Likely Have a Key Role in Mitigating Investment Risks If Mexico Undertakes Energy Reforms

As described in detail in another article in this Newsletter entitled "Mexican Congress to Consider Constitutional Oil and Gas Reforms: Bold Stride Forward or Half-Step?," the reform of Mexico's energy industry and its...more

The Challenge of Monetizing Africa’s Mineral-rich Resources

Clement Fondufe is a partner at Latham & Watkins and the global Chair of the firm's Africa Practice. In this interview, he looks at some of the challenges facing foreign-owned companies operating in Africa’s mining, oil and...more

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

President Robert Mugabe of Zimbabwe, who has been in power since 1980, was re-elected to another term on July 31, 2013. On August 6, 2013, the government announced plans to seize control of foreign-owned mining interests,...more

Dispute Resolution: International Arbitration: Energy Trading Disputes: Investment Treaty Protection for Hedging Agreements and...

Introduction - Energy trading houses have progressively emerged as major players in the worldwide energy sector, matching supply and demand by purchasing, reselling, and shipping commodities across the globe. While...more

Resource nationalism and its impact on infrastructure projects

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"

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

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

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

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

Risky Business: Protecting Indian Investments Abroad

GMR’s ouster from the US$511 million airport modernization project in Maldives has refocused the spotlight on political risks facing foreign investments. As the GMR-Maldives story unfolds, this is a good time for Indian...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

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

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

Doing Business in Canada: International Trade

Canada’s international trade law regulates the import and export of goods, the manner in which these goods are procured or sold, and the protection of foreign investments in Canada and Canadian investments abroad. Most of the...more

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