Foreign Investment

News & Analysis as of

Challenging the status quo – South Africa's termination of its bilateral trade agreements

The main concern for any foreign investor is security of tenure for its investment. Investors generally feel threatened when governments promote policy changes that could potentially have an adverse effect on the rights and...more

New Senate Bill Significantly Expands U.S. Sanctions Against Russia

The bill, if passed, would impose severe sanctions on “foreign persons” that make significant investments in Russian crude oil projects....more

Argentina amends its hydrocarbons law to boost exploration and production of conventional and unconventional hydrocarbons

On October 31, 2014 Argentina amended its hydrocarbons law to create incentives for foreign investment and to boost the country's conventional and unconventional hydrocarbons exploration and production (the "Hydrocarbons...more

Release of Report on the Impact of Foreign Investment on the Housing Market

The House of Representatives Standing Committee on Economics (Committee) released its report on Foreign Investment in Residential Real Estate on 27 November 2014 (Report). As a response to concerns continually raised...more

New Foreign Investment Filing Requirement in Effect - Why, Whether and Which BE-13 to File

The U.S. Bureau of Economic Analysis recently launched the BE-13, Survey of New Foreign Direct Investment in the United States. There are civil penalties, injunctive relief and criminal penalties for failing to file BE-13...more

Islamic Finance in Indonesia: Past, Present and Future

This insight aims to highlight new rules governing the Islamic finance sector in Indonesia and the enhanced role of the National Shariah Board, to set out the current state of the market including opportunities for foreign...more

Business Litigation Report -- November 2014

In This Issue: - Main Article: ..Foreign Investor Protection v. National Sovereignty: The Pros and Cons of Investor-State Arbitration - Noted With Interest: ..Gelboim et al. v. Bank of America Corp. et...more

Russian Legislation Update

In This Issue: - Foreign Investments: Mass Media - Project Finance - Environment - Electric Power - Banking - National Payment System - Securities: New Issue Standards - Excerpt from Electric...more

Foreign Investor Protection v. National Sovereignty: The Pros and Cons of Investor-State Arbitration

United States companies investing abroad stand to gain additional legal protections in the near future from two international treaties currently under negotiation intended to safeguard investments of United States investors...more

Saudi CMA Draft Rules to Open Foreign Investment in Listed Shares

The Saudi Capital Market Authority (the CMA) has published for consultation its draft rules for Qualified Foreign Financial Institutions - Investments in Listed Shares (the Draft Rules). ...more

National Bank Of Ukraine softened regime of currency regulation under product sharing agreements

On 8 November 2014 Resolution of the National Bank of Ukraine No. 712* came into effect. This Resolution facilitated the regime of currency regulation for transactions made by foreign investors or their representative offices...more

Navigating India: Lessons for foreign investors

Foreign companies that learn from the experience of previous investors can navigate the challenges of investing in India. Optimism for doing business in India is rising. Enthusiasm rocketed when Narendra Modi was...more

Prediction 2015: Chinese investment wave will create many opportunities in the US

As the Chinese economy continues to become more important globally, we are seeing a shift in Asian investment in the United States, particularly in California. Chinese investors will become even more active and influential...more

Green Sukuk: Financing the Gulf Region’s Renewable Energy Infrastructure

In this lw.com interview Latham & Watkins partner Harj Rai and associate Lee Irvine discuss how an issuance of green sukuk would allow Islamic investors, for the first time, access to ethical and socially responsible...more

Ten Tips for International Business

Fred Lipp, business law attorney and practice group leader, offers ten tips on doing business abroad: - Technology licensing and energy projects will continue as primary global drivers - Chinese products are...more

A vintage year for Gulf IPOs

This year has seen a resurgence of activity in the Middle East equity capital markets, with players such as National Commercial Bank and Qatar Petroleum in the spotlight and growing interest from both regional and...more

Why International Investors are Watching the Tadawul

The MSCI upgrade of Qatar and the United Arab Emirates to “emerging market’ status marked the beginning of increasingly liberalised GCC stock exchanges....more

China Bank Card Clearing Market — A Feast for Foreign Investors?

China plans to promote consumption and open up its bank card clearing market. This is the outcome of a State Council meeting chaired by Premier Li Keqiang on October 29, 2014. “All qualified domestic and overseas enterprises...more

New Bank Indonesia Regulation Imposes Significant Limitations on Foreign Borrowings by Indonesian Companies

Changes move foreign currency debt further out of reach for many Indonesian borrowers. On October 28, 2014, Bank Indonesia, the Indonesian central bank, issued BI Regulation No. 16/20/PBI/2014 on Prudential Principles...more

Bye Bye Brazil – Considerações Tributárias no Planejamento de Investimento Brasileiro dentro dos Estados Unidos - Parte 1

Sou advogado tributário americano. Me formei na academia militar do exército americano em West Point, Nova Iorque. Me graduei em Espanhol e Português. Meus professores eram um tentente coronel do exercito brasileiro formado...more

DIFC Court Claims Jurisdiction in Indian bank lawsuit

In a judgment issued on October 30, 2014 by the Dubai International Financial Centre (DIFC) Court of First Instance, the court confirmed its jurisdiction over a lawsuit by an expatriate investor, resident in Dubai, United...more

Back in the game: The rise of US M&A

US M&A is bouncing back - After a tough few years, acquisitions in the United States have seen a remarkable resurgence - The first half of 2014 saw a great dealmaking revival in the United States. Deal values...more

Mexico’s Energy Reform Provides Significant Opportunities In Oil And Gas Exploration And Production

Mexico’s new energy legislation, which went into effect on August 12, 2014, will completely restructure the Mexican energy sector, including both hydrocarbons and electricity. This legislation opens up oil and gas...more

Multi-Jurisdictional Enforcement of Judgments

With more cross-border trade and foreign investments, businesses may find themselves in more disputes with counterparties before foreign courts or in international arbitration. Where a party chooses—or the parties’ contract...more

The Legal Maze of Solar Globalisation

As the utility-scale solar market continues to expand and globalise, project developers and engineering, procurement and construction (EPC) contractors increasingly find themselves considering unfamiliar jurisdictions. A new...more

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