The Asia-Pacific region integrates the mining industry within the life cycle of the global economy more fluidly than perhaps anywhere else in the world.
Metals and minerals extracted from the region are transported to the...more
9/2/2020
/ Arbitration ,
Asia Pacific ,
Contractors ,
Global Economy ,
Infrastructure ,
International Tax Issues ,
Joint Venture ,
Mining ,
Nationalism ,
Natural Resources ,
Subcontractors
Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more
6/17/2020
/ Australia ,
Causation ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Drafting ,
Contract Terms ,
Coronavirus/COVID-19 ,
Crisis Management ,
Dispute Resolution ,
FIDIC Contracts ,
Force Majeure Clause ,
General Contractors ,
International Litigation ,
Land Owners ,
Northern Ireland ,
Notice Requirements ,
Property Owners ,
Risk Allocation ,
Subcontractors ,
UK
This is the third King & Spalding Tokyo release on the Covid-19 crisis (click here for our 28 February release and here for our 18 March release).
Over this period, Covid-19 has changed the world. Although it was not...more
On 31 December 2019, a new coronavirus disease, now officially named “Covid-19”, was first reported to the World Health Organization (the “WHO”)’s Country Office in China. On 11 March 2020, the WHO stated that “Covid-19 can...more
...It has unquestionably been a sustained period on instability over recent months with, amongst many others, the anti-China demonstrations and disturbances in Hong Kong, the manner of the Trump administration’s engagement...more
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
2/28/2020
/ Arbitration ,
Bilateral Investment Treaties ,
Crisis Management ,
Dispute Resolution ,
Foreign Corporations ,
Foreign Direct Investment ,
Foreign Investment ,
International Arbitration ,
Investment Contract ,
Investment Management ,
Investors
Title 28 of the United States Code § 1782 (“§ 1782”) has always been a powerful tool in the pursuit of evidence located in the United States for use in foreign proceedings, and it has been well understood for some time that §...more
On September 17, 2019, the Committee on Foreign Investment in the United States (“CFIUS”) published two Proposed Rules to implement most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). CFIUS is an...more
11/2/2019
/ CFIUS ,
Crisis Management ,
Critical Infrastructure Sectors ,
Dispute Resolution ,
FIRRMA ,
Foreign Investment ,
National Security ,
New Regulations ,
New Rules ,
Private Equity ,
Real Estate Transactions ,
State-Owned Enterprises
The Philippines has become a favoured destination for foreign investors despite global and domestic risks. Foreign direct investment in the Philippines in the last two years was at approximately $10 billion per year, with...more
8/30/2019
/ Corporate Structures ,
Crisis Management ,
Dispute Resolution ,
Duties ,
Foreign Corporations ,
Foreign Direct Investment ,
Foreign Investment ,
International Arbitration ,
Japan ,
Partnerships ,
Philippines
Introduction -
Owners and contractors involved in large-scale energy and manufacturing projects face unique challenges in bringing projects to fruition. One challenge is negotiating and drafting a contract that places the...more
Legal developments in the field of international law continue to be dynamic and expanding, through national legislation, common law and transnational tort suits, new soft law instruments and drafting
exercises, institutional...more
5/30/2019
/ Alien Tort Statute ,
Arbitration ,
Crisis Management ,
Dispute Resolution ,
Due Diligence ,
Human Rights ,
International Arbitration ,
Modern Slavery Act ,
Multinationals ,
OECD ,
UNCITRAL
Disputes in the International Oil & Gas Industry -
Best Practices for Effective and Quick Resolution -
Disputes in the oil and gas industry take an almost infinite variety of forms. Therefore, when considering best...more
Significant White Collar Developments at the U.S. Department of Justice: 2018 in Review -
Amid the daily barrage of news stories from the US relating to the Robert Mueller investigation, the opioid epidemic and the U.S....more
1/30/2019
/ Bribery ,
Corporate Misconduct ,
Criminal Prosecution ,
Crisis Management ,
Cryptocurrency ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Extraterritoriality Rules ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Initial Coin Offering (ICOs) ,
Japan ,
Token Sales ,
White Collar Crimes
A Case Against One-Size-Fits-All Construction Contracts -
Project development involves careful planning and clear contractual requirements on the front end to help ensure that the project is completed on time and within...more
On October 24, 2018, Japan’s Financial Services Agency (FSA) gave the country’s cryptocurrency industry self-regulatory status, allowing the Japan Virtual Currency Exchange Association (JVCEA) power to police and penalize...more
Procedures for Speedy Appeals from Awards A Way To Alleviate Concerns About The Finality Of Arbitration -
Introduction -
The finality of arbitration can be a both a blessing and a curse. On the one hand, it gives the...more
Power Project Investor’s € 128 Million Victory Against Spain -
Eiser Infrastructure Limited and Energia Solar Luxembourg S.A.R.I. v. Kingdom of Spain (ICSID Case No. ARB/13/36) -
In this edition, we look at an...more
California Dreaming or Nightmare? -
Exposure to Unfair Competition Litigation in California -
Consumers and businesses alike have a powerful tool in California: the Unfair Competition Law (“UCL”), California Business...more
Introduction -
Recent actions involving conduct in Asia highlight the increasing complexity and global coordination of anti-corruption efforts.
Though large settlements with Odebrecht and Braskem in 2016 have kept the...more
Attorney-Client Privilege and Corporate E-Mail: Navigating the Morass of Personal Communications in Investigations -
Internal investigations are an important process for identifying potential wrongdoing by agents of a...more
Suitability of Arbitration Rules for Construction Disputes -
Arbitration continues to be the preferred method of dispute resolution for construction disputes.
With many large infrastructure projects being financed,...more
The Art of the Closing Statement -
Insights from a leading advocate into the preparation and delivery of closing arguments -
The closing argument is counsel’s final opportunity to address an adjudicator, arbitrator,...more
Construction Disputes Update:
Risk Allocation and the Availability of NonContractual Claims -
The fact pattern is all too common in complex commercial construction cases. Following extensive negotiations, an owner and a...more
Building a Favorable Project Record During Construction Disputes -
The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are...more
US Department of Justice Issues New Corporate Compliance Guidelines -
Criteria for the Criminal Division’s Evaluation of Corporate Compliance Programs -
Introduction -
Recently, and without the fanfare that often...more
4/13/2017
/ Acquisitions ,
Compliance ,
Confidential Information ,
Corporate Fraud ,
Crisis Management ,
Department of Justice (DOJ) ,
Dispute Resolution ,
Fraud ,
Japan ,
Mergers ,
Risk Assessment ,
Third-Party