The right to tax constitutes a core attribute of State sovereignty. As U.S. Supreme Court Justice Oliver Wendell Holmes Jr. said, “Taxes are the price we pay for civilization.” However, States may voluntarily limit their...more
Welcome to the 39th Edition of Arbitration World, a publication from K&L Gates’ International Arbitration practice group highlighting significant developments and issues in arbitration for executives and in-house counsel ...more
On Monday, the Supreme Court resolved a circuit split and issued a long-awaited decision holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade,...more
In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover...more
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
What is Section 1782 and how is it used in International Arbitration? In international arbitrations, the parties’ ability to obtain documents and testimony from the opposition is often limited....more
In the investor-State context, consensual alternative dispute resolution (ADR) has long been viewed as an aspirational endeavor. Where a foreign company or individual complains of mistreatment by a host State, the investor...more
With a total of 54 cases filed, 2020 was a record year for cases filed under the ICSID Convention, and with a total of 72 treaty-based cases, an important year in general for Investor-State Arbitration. ...more
A decision rendered on Aug. 20, 2020, by an investor-state dispute settlement (ISDS) tribunal in the Portigon AG v. Kingdom of Spain arbitration (ICSID Case No. ARB/17/15) is welcome news for investment funds and banks active...more
The International Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID) is a treaty aimed at encouraging and facilitating private foreign investments in developing countries,...more
• The International Court of Arbitration (the “Court”) of the ICC has published a Note to Parties and Arbitral Tribunals on the conduct of the arbitration under the ICC Rules of Arbitration (the “Note” or the “2019 Note”)...more
On 6 March 2018 the Court of Justice of the European Union (“CJEU”) issued its judgment in Case C-284/16 Slovak Republic v Achmea BV. The CJEU ruled that investor-State arbitration clauses in investment treaties concluded...more
Charles Adams, the leader of Orrick’s International Arbitration & Dispute Resolution team, recently spoke with Law360 regarding international arbitration trends to watch in 2018. Charles discussed the increased legitimization...more
The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently reaffirmed the high threshold for granting provisional measures in investor-state disputes, including in the context of making an order...more
An Interview with Brent C. Kaczmarek - Brent Kaczmarek is a Managing Director of Navigant Consulting Inc. and leads the firm’s International Arbitration group from its Washington D.C., office. Brent serves as an expert...more
Introduction - Energy trading houses have progressively emerged as major players in the worldwide energy sector, matching supply and demand by purchasing, reselling, and shipping commodities across the globe. While...more