News & Analysis as of

Foreign Investment 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

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

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

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

"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

Business Litigation Report - October 2016

Structuring Foreign Investment to Ensure Treaty Protection - Although it is common practice for businesses to structure their investments abroad through jurisdictions that maximize tax and other advantages—such as the...more

October 2016: Structuring Foreign Investment to Ensure Treaty Protection

Although it is common practice for businesses to structure their investments abroad through jurisdictions that maximize tax and other advantages—such as the Isle of Man or the British Virgin Islands—investors less frequently...more

Tokyo Dispute Resolution & Crisis Management Newsletter – September 2016

by King & Spalding on

A Sleeping Sword – Protection for Japanese Corporations Investing Outside of Japan - A Guide to International Investment Agreements - Introduction - Over the past twenty years, International Investment...more

Brexit and Investment Treaty Arbitration

by K&L Gates LLP on

In this article, we consider the current and potential effects of Brexit on investment treaty arbitration. Likely implications concern: the negotiations of the trade and investment agreements between the European Union and...more

Argentina: From International Market Isolation to Promising Opportunities for Investors

by WilmerHale on

Argentina is keen to attract foreign investment. Not only has it recently implemented a series of economic measures, but it has also made changes to its legal framework including the enactment of a new arbitration regulation,...more

International Investment Arbitration in the Middle East: Year in Review 2015

by Bryan Cave on

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

International Investment Arbitration in North America: Year in Review 2015

by Bryan Cave on

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

International Investment Arbitration in Latin America: Year in Review 2015

by Bryan Cave on

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

International Investment Arbitration in Europe: Year in Review 2015

by Bryan Cave on

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

International Investment Arbitration in the Commonwealth of Independent States: Year in Review 2015

by Bryan Cave on

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

International Investment Arbitration in Asia: Year in Review 2015

by Bryan Cave on

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

International Investment Arbitration in Africa: Year in Review 2015

by Bryan Cave on

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

Ground-breaking referral: Are arbitration clauses in BITs between EU Member States void?

by Reed Smith on

In recent years, the number and economic relevance of bilateral investment treaties (“BITs”) has significantly increased. BITs are international treaties which provide for assurances in favour of investors from the...more

Structuring Foreign Investments: Who Qualifies As An "Investor" Under A Bilateral Investment Treaty?

by Allen & Overy LLP on

The decision in Gold Reserve Inc v Bolivarian Republic of Venezuela [2016] EWHC 153 (Comm) interprets the public international law concept of “investor” and is particularly relevant to those seeking to structure foreign...more

Investment in Iran After Implementation Day

by WilmerHale on

January 16, 2016, marked the Implementation Day that recognised the certification by the International Atomic Energy Agency that Iran had met its obligations under the July 2015 Joint Comprehensive Plan of Action (JCPOA), a...more

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