News & Analysis as of

International Arbitration Expropriation

BCLP

International Law Recourse for Potential Expropriation of Foreign Assets by Russia

BCLP on

With the continuing exit and suspension of operation of foreign entities in Russia, Russian State authorities are exploring retaliatory measures, including a regime for the nationalisation and forced sale of foreign assets. ...more

Foley & Lardner LLP

International Arbitration under International Treaties: A Potential Remedy to Putin’s Threats of Expropriation

Foley & Lardner LLP on

Russia recently announced its Economic Development Ministry has drafted legislation to prevent the exodus of international businesses from Russia by nationalizing them. The Putin-backed proposed bill would allow the...more

Pillsbury Winthrop Shaw Pittman LLP

Expropriations Related to the Russia Sanctions May Trigger Liability under Investment Treaties

Recent news reports out of Russia have advised that it may expropriate or nationalize assets of foreign investors. Investors should be aware that such actions may breach bilateral or multilateral treaties that include...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America - ...

US Supreme Court Issues Trio of Arbitration Decisions - During its 2018-19 term, the U.S. Supreme Court issued decisions in three cases involving arbitration matters. These decisions, discussed further in our September 26,...more

Jones Day

Singapore’s Highest Court Sets Aside Investment Treaty Award

Jones Day on

The Situation: A group of South African mining investors attempted to revive an investment treaty award by which the Kingdom of Lesotho was held liable for its role in disbanding the Tribunal of the Southern African...more

Snell & Wilmer

New NAFTA Creates Opportunities for North American Businesses

Snell & Wilmer on

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

Skadden, Arps, Slate, Meagher & Flom LLP

The United States-Mexico-Canada Agreement Significantly Curtails Foreign Investment Protection

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

Skadden, Arps, Slate, Meagher & Flom LLP

In Chinese Investment Treaties, Questions Arise on Who Qualifies for Protection

Despite recent criticism from some quarters concerning the use of investment treaties and free trade agreements, the Chinese investment treaty system remains firmly in place. Since 1982, the People's Republic of China (PRC)...more

Proskauer - Minding Your Business

Hague Court Finds Arbitration Panel Has No Jurisdiction Against Russia Pursuant to Unratified Treaty

The District Court of the Hague overturned a record $50 billion in damages awards issued by the Permanent Court of Arbitration (“PCA”), to the former controlling shareholders of the Yukos Oil Company on the grounds that...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Trans-Pacific Partnership and What It Means for Pre-Existing Treaties"

On November 5, 2015, after seven years of high-stakes negotiations, the Office of the United States Trade Representative released the draft Trans-Pacific Partnership (TPP), a proposed free trade agreement among the United...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Expropriation Damages in Cases Involving Investment Treaties"

Most investment treaties assure investors that, in the event of expropriation, they will receive compensation based on the market value of the enterprise at the time of seizure (excluding the negative valuation effects of any...more

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