Season 2 Episode 5- Defense Trade Down Under
On January 26, 2024, the Biden-Harris Administration announced that it would place a temporary “pause” on pending decisions to export liquefied natural gas (LNG) to countries with which the United States has not entered into...more
On January 30, 2023, the International Centre for Settlement of Investment Disputes (ICSID) published its Caseload Statistics for the 2022 calendar year. The Caseload Statistics can be found here, and ICSID’s accompanying...more
State conduct may adversely affect foreign investors and their investments. Investors protected under international investment treaties may bring arbitration proceedings against States in those cases, seeking financial...more
On October 14th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published its Annual Report for Fiscal Year (FY) 2022 covering the period from 1 July 2021 to 30 June 2022, including statistics on...more
Climate change litigation is often viewed by companies as a risk. However, it is also an opportunity—if brought in the right forum—for companies exposed to certain climate-related government measures to vindicate their...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
All around the world, new investment treaties are redefining the protections that are available to foreign investors and their investments. Under the current system, thousands of bilateral investment treaties or trade...more
On January 29, President Donald Trump signed the United States-Mexico-Canada Agreement (USMCA) into law, completing the ratification procedure within the United States. The USMCA is now expected to come into force in the...more
On March 29, 2019, the Office of the United States Trade Representative (USTR) published its annual National Trade Estimate (NTE) Report on Foreign Trade Barriers, which "highlights significant foreign barriers to U.S....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
The United States, Canada and Mexico on September 30 announced the framework for a new, revised trade agreement to replace NAFTA, called the United States-Mexico-Canada Agreement (the “USMCA”)....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
FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes - On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower...more
Energy and Finance Sectors Drive Growing International Arbitration Caseloads - International arbitration case filings are surging and show no signs of letting up, according to recent reports from the world’s leading...more
• The survival of investment treaty arbitration under the North American Free Trade Agreement (NAFTA) renegotiation process is at a critical point. • An agreement in principle, which could be announced soon, potentially...more
In November 2017, S&P Global Ratings declared Venezuela in default after it failed to make a $200 million coupon payment on its sovereign bonds. Many saw this coming. Since 2014, the country has been mired in a recession that...more
On January 11, 2018, Mexico became the 162nd country to sign the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention or the Convention)....more
Desde hace más de dos décadas, México ha impulsado políticas para fomentar el ingreso y participación de la inversión extranjera en las actividades económicas del país. Sin embargo, y a pesar de ser uno de los 10 países más...more
For more than two decades, Mexico has promoted policies to encourage the entry and participation of foreign investment in the country's economic activities. However, despite being one of the 10 most active countries in...more
Cross Border M&A: The Impact of Brexit, the Trump Administration, and China’s Crackdown on Capital Flight The combination of Brexit, the Trump Administration, and China’s tightening grasp on capital, appear to have created...more
International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more
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
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