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Foreign Investment North American Free Trade Agreement

Cooley LLP

US Investors Can Take Advantage of International Treaties to Structure Foreign Investments

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Investors typically consider structuring their foreign investments through jurisdictions that maximize their tax benefits. But US investors also should consider corporate structures that take advantage of investment treaties...more

International Lawyers Network

Establishing a Business Entity in Canada (Updated)

INTRODUCTION - Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages...more

Hogan Lovells

Why Mexico is attracting foreign investors considering nearshoring in the Americas

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Mexico is uniquely positioned to benefit foreign investors considering nearshoring. Not only Mexico’s geographical location in North America allures investors, but also its attractive maquila and other trade programs, labor...more

ArentFox Schiff

ICSID Releases 2022 Caseload Statistics: An Analytical Review and Prognosis of Investment Disputes Post-COVID-19

ArentFox Schiff on

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

International Lawyers Network

Establishing A Business Entity In Canada (Updated)

Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multicultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant to the...more

White & Case LLP

NAFTA’s Sunset Period Will End in June 2023 and Claims Must Be Notified Earlier, in Some Cases by Year-End 2022 – NAFTA Investors...

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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

King & Spalding

Protections for Hydrogen Projects Under the Modernized Energy Charter Treaty

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For over two decades, investors in the energy sector have benefited from protections found in The Energy Charter Treaty (“ECT”). Investors in hydrogen projects will soon be able to benefit from these same protections....more

White & Case LLP

The future of US-Latin America trade relations: What can we achieve in the next few years?

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While the Washington Consensus policies resulted in seven years of economic growth in the 1990s, the years that followed brought about a period of recession and stagnation - 71% US trade with Latin America is dominated...more

Hogan Lovells

Los inversionistas deben actuar con rapidez o perderán sus derechos de reclamación bajo el TLCAN

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La posibilidad de presentar reclamos de inversiones existentes conforme al Capítulo 11 del Tratado de Libre Comercio de América del Norte (TLCAN) para la solución de controversias entre inversionistas y Estados pronto...more

Hogan Lovells

Investors must act quickly or forfeit their rights to claims under soon expiring NAFTA Chapter 11

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North American Free Trade Agreement (NAFTA) Chapter 11 investor-state dispute settlement (ISDS) legacy claims will soon expire and U.S., Canadian, and Mexican investors should review their investments and ascertain whether...more

Holland & Knight LLP

USMCA Deadline to File Legacy Investment Arbitrations Approaches

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The United States-Mexico-Canada Agreement (USMCA) went into effect on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). Access to investment arbitration in the USMCA is subject to more restrictive...more

Bennett Jones LLP

Geopolitics and Geoeconomics: Trade and Investment Disruptions and Implications

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International trade and investment is a crucial channel through which economies and individual businesses specialize, innovate, become more productive, and grow incomes, output and employment while also containing input costs...more

Bracewell LLP

Five Take-Aways From Bracewell Seminar on the Strategic Use of International Arbitration and Mexico

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International arbitration, when available and used strategically, adds leverage, especially in dealing with a government. Qualifying foreign investors in Mexico affected by the changes in the regulatory environment promoted...more

Jones Day

Climate Change and Investor-State Dispute Settlement

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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

ArentFox Schiff

ICSID Releases Caseload Statistics for Record Year 2021

ArentFox Schiff on

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

International Lawyers Network

Establishing A Business Entity In Canada (Updated)

Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multicultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant to the...more

WilmerHale

Three Tips for Investors in Mexico's Energy Sector Regarding Potential USMCA Claims

WilmerHale on

On March 10, Mexico’s amended Electricity Industry Law entered into force, introducing preferences for the Mexican state-owned utility, Comisión Federal de Electricidad (CFE), with respect to the supply of electricity to the...more

International Lawyers Network

Establishing A Business Entity In Canada (Updated)

Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant to the...more

Hogan Lovells

Foreign investors harmed by trade measures may find relief by bringing investment arbitration claims

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A recent investor-state arbitration decision under the investment chapter of the North American Free Trade Agreement (NAFTA Chapter 11), Vento v. Mexico, demonstrates that foreign investors protected by an international...more

Blake, Cassels & Graydon LLP

CUSMA on Foreign Investment and Competition Law in Canada

Like its predecessor, the North American Free Trade Agreement (NAFTA), the Canada-United States-Mexico Agreement (CUSMA) will influence the competition and foreign investment landscape in Canada, the U.S. and Mexico. ...more

Blake, Cassels & Graydon LLP

ACEUM : Investissements étrangers et droit de la concurrence au Canada

À l’instar de l’accord qui le précède, soit l’Accord de libre-échange nord-américain (l’« ALENA »), l’Accord Canada-États-Unis-Mexique (l’« ACEUM ») aura une influence sur les investissements étrangers et l’environnement de...more

Holland & Knight LLP

Investors Need To Protect Foreign Investments in Times of Changing Treaty Protections

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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

ArentFox Schiff

Investing in the US Marketplace: What to Expect and How to Prepare for the USMCA

ArentFox Schiff on

Our readers will be aware that the USMCA (CUSMA) is on track for US ratification and – by most accounts – will come into force possibly as early as mid-2020. This is not a lot of time for company executives to prepare. In...more

International Lawyers Network

Establishing A Business Entity In Canada (Updated)

INTRODUCTION - Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages...more

Holland & Knight LLP

Demystifying Energy Investment Disputes in Mexico Through the New USMCA

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• Each of the three participating countries in the U.S.-Mexico-Canada Agreement (USMCA) is about to submit the new free trade agreement for its respective Congress' approval. • Some stakeholders have interpreted Chapter 8...more

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