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International Arbitration Arbitration Investors

Mayer Brown

Honduras Denounces the ICSID Convention; Investors with Potential Claims Should Quickly Analyze Their Options

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Honduras denounced the ICSID Convention via a written notice received by the World Bank on February 24, 2024. Under Article 71 of the ICSID Convention, such denunciations take effect six months from the date of receipt of the...more

Hogan Lovells

Tour d’horizon des réformes récentes du secteur minier et de la protection des investissements en Afrique

Hogan Lovells on

Au cours de ces dernières années, plusieurs États africains ont mis en œuvre des réformes d’ampleur de leurs régulations minières, aboutissant notamment à l'imposition d'exigences réglementaires accrues sur les acteurs de ce...more

Hogan Lovells

Update of reforms to the mining sector and investment protection in Africa

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In the past few years, several African States have implemented wide-ranging reforms to their mining sector, which have resulted in the imposition of increased regulatory requirements on actors as well as, in some instances,...more

White & Case LLP

Investing in India

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What a difference a decade can make! Since the publication of our first report, "Navigating India: Lessons for Foreign Investors," in 2013, India has undergone a remarkable transformation. The country’s population grew by 100...more

Jenner & Block

English Court Thwarts Spain’s Latest Attempt to Resist Enforcement of ECT Awards

Jenner & Block on

Some readers will be familiar with the many claims made against Spain for the alleged violation of its obligations to foreign investors under the Energy Charter Treaty (the ECT). In May 2023, the English Commercial Court...more

Hogan Lovells

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

Hogan Lovells on

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

Shook, Hardy & Bacon L.L.P.

The 2022 ICSID Amendments: Key Strategic Considerations for Parties

Investor-State arbitration is designed to protect investors from unfair conduct by foreign governments. The quintessential example of a violation is an unlawful factory expropriation (e.g., a State taking over an oil refinery...more

Latham & Watkins LLP

Green Power and the Protections of Intra-EU Energy Investment

Latham & Watkins LLP on

The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more

Cooley LLP

Investment Treaties Could Provide Remedy For Russia’s Unlawful Seizure of Foreign Assets

Cooley LLP on

As Reuters recently reported, Russia is preparing a new law that will allow it to seize the local businesses of Western companies that have left or suspended operations in Russia due to the invasion of Ukraine. Affected...more

Hogan Lovells

Amendments to ICSID Rules set to come into effect on July 1, 2022

Hogan Lovells on

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

A&O Shearman

The First ICSID Flagship Amendments

A&O Shearman on

The first amendments to the ICSID Rules since 2006 will be available for use from July 2022 onward, bringing greater transparency to the process and offering clearer guidance on key issues such as allocation of costs and...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

A&O Shearman

Structuring investments in 2022: time to rethink

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A number of factors have led to a more uncertain environment for infrastructure investment globally as we move into 2022. ...more

K&L Gates LLP

The Cost-Benefit Analysis of Pursuing Investor-State Arbitration in a Post-Pandemic World

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The COVID-19 pandemic has prompted many State actions in pursuit of the public interest, but while all States have faced this unprecedented global challenge with some degree of similarity, State responses have varied from one...more

Dechert LLP

VIAC Releases Vienna Investment Arbitration Rules

Dechert LLP on

Key Takeaways - The Vienna Investment Arbitration Rules offer a comprehensive, standalone set of arbitral rules tailored specifically to investment arbitration....more

A&O Shearman

Costs, damages and duration in investor-State arbitration

A&O Shearman on

The study examines over 400 investor-State dispute settlement (ISDS) cases conducted under ICSID, UNCITRAL and other arbitration rules and over 70 ICSID annulment decisions. It provides a comprehensive analysis of how long...more

King & Spalding

Paris Court of Appeal Addresses Constitution of Tribunal in OIC Investment Arbitration

King & Spalding on

On March 23, 2021, the Paris Court of Appeal issued a decision with important ramifications for investors pursuing arbitration under the Agreement for the Promotion, Protection and Guarantee of Investments Among Member States...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – February 2020

King & Spalding on

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

Jones Day

Renegotiation of Existing BITs by the Netherlands May Directly Affect Current Investments

Jones Day on

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

White & Case LLP

Troubled Waters of the UK's Labour Platform: Can Investment Protection and Arbitration be a Lifeline?

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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

Holland & Knight LLP

Entra en Vigor el Convenio CIADI para México

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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

Holland & Knight LLP

ICSID Convention Now in Force in Mexico

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As Holland & Knight reported earlier, Mexico's Secretary of Economy Ildefonso Guajardo signed Mexico's accession to the International Centre for Settlement of Investment Disputes (ICSID) Convention. (See Holland & Knight's...more

Jones Day

Investment Arbitration in Latin America: Elections, Trade Agreements, and the ICSID

Jones Day on

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

A&O Shearman

The Court of Justice of the European Union finds the arbitration provision in The Netherlands-Slovakia BIT incompatible with EU...

A&O Shearman on

On 6 March 2018, the Court of Justice of the European Union (the Court) delivered its judgment in Case C-284/16, Slovakia Republic v Achmea B.V., declaring that the investor-State arbitration provision in the bilateral...more

A&O Shearman

Investors' rights of protection against Venezuela's sovereign debt default

A&O Shearman on

On 13 November 2017, it was confirmed that Venezuela had defaulted on its sovereign debt after failing to meet the deadline for payment of US$200m of interest on its sovereign bonds due in 2019 and 2024.1 It is expected...more

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