Season 2 Episode 5- Defense Trade Down Under
On 13 September 2022, the UAE Ministry of Justice issued a directive which confirms that judgments issued by the English Courts can be enforced by the UAE Courts under the principle of reciprocity (the "Directive"). The...more
On 12 July 2022, the Africa Arbitration Academy (AAA)1 launched the Bilateral Investment Treaty (BIT) for African States (AAA Model BIT). The AAA Model BIT aims to balance two objectives: the attraction of Foreign Direct...more
Learn more about the changes to improve transparency and efficiency in the amended ICSID Rules, which go into effect July 1, 2022. Approved by the ICSID Administrative Council on March 21, 2022, the amended ICSID Rules will...more
Potential Remedies for Russia’s Suspension of Foreign Investors’ Intellectual Property Rights: International Investment Arbitration - Foreign investors in Russia may have remedies pursuant to international investment...more
Recent news reports out of Russia have advised that it may expropriate or nationalize assets of foreign investors. Investors should be aware that such actions may breach bilateral or multilateral treaties that include...more
On February 7th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published the latest edition of its Caseload Statistics, confirming the strong demand for ICSID Arbitration despite challenges...more
The International Centre for Settlement of Investment Disputes (ICSID) is an international institution, created under the auspices of the World Bank, which is arguably the world’s leading international institution for the...more
In the final part of this three-part series podcast, partners Raja Bose, Ian Meredith, Matt Weldon, and associates Robert Houston and Hena Sial discuss the pandemic-related claims and concerns a Host State may have, such as...more
In the second part of this three-part series podcast, partners Raja Bose, Ian Meredith, and Matt Weldon, along with associate Robert Houston, discuss the scope for, and how investors might be able to recognize, potential...more
In the introductory episode of this three-part series, partners Raja Bose, Ian Meredith, and Matt Weldon, along with associates Ed Brown-Humes and Rob Houston, provide an overview of Investor-State arbitration in the context...more
In the investor-State context, consensual alternative dispute resolution (ADR) has long been viewed as an aspirational endeavor. Where a foreign company or individual complains of mistreatment by a host State, the investor...more
A commitment of capital in a foreign state, particularly with long-term profit horizons, can be a risky undertaking. When a host state harms a foreign company's investment, the domestic legal system may not provide an...more
In 2018, the Court of Justice of the European Union (“CJEU”) rendered a judgment in the Achmea case, which has led to much controversy and concern in the European investor-state arbitration community. ...more
The Situation: Governments around the world are taking extraordinary measures to address the spread of COVID-19. Although many governments are attempting to strike a balance between the protection of public health and...more
In late 2017, South Africa modernized its International Arbitration Act (the “IAA”) and showed potential to become the arbitral seat of choice for arbitrations involving African parties. Just a few months later, however,...more
The Situation: The Netherlands has 79 bilateral investment treaties ("BITs") in place with non-EU countries. On March 22, 2019, the Dutch government published a new model BIT ("2019 Model") as a template for negotiating new...more
In a long-awaited ruling of June 18, 2019, the General Court of the EU (GCEU) annulled the European Commission’s State aid 2015 decision in the Micula case (joined cases T-624/15, T-694/15 and T-704/15). The factual...more
For various reasons–including fairness, efficiency, and avoiding inconsistent results–courts and arbitration tribunals apply a range of procedural tools to discourage or prevent parties from pursuing multiple, separate...more
This is the fifth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...more
As detailed in an October 2, 2018, Skadden client alert, the United States’ efforts to revise the 25-year-old North American Free Trade Agreement (NAFTA) reached a milestone on September 30, 2018, when the U.S., Mexico and...more
Investors in the water industry in the UK are well advised to consider if their shareholding structure affords them appropriate investment treaty protection and access to investment arbitration in the event of possible...more
The Situation: A group of South African mining investors attempted to revive an investment treaty award by which the Kingdom of Lesotho was held liable for its role in disbanding the Tribunal of the Southern African...more
The United States, Canada, and Mexico have reached an agreement to update the North American Free Trade Agreement (NAFTA) after more than a year of negotiations. Rebranded as the U.S.-Mexico-Canada Agreement, or USMCA, the...more
On September 30, 2018, the United States, Mexico and Canada announced they had reached an agreement to revamp the 24-year-old North American Free Trade Agreement (NAFTA), which now will be known as the United...more
Como lo informó previamente Holland & Knight, el Secretario de Economía de México, Ildefonso Guajardo, firmó la adhesión de México al Convenio del Centro Internacional de Arreglo de Diferencias Relativas a Inversiones...more