On January 11, 2018, Mexico became the 162nd country to sign the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention or the Convention)....more
NAFTA’s Future Looks Increasingly Uncertain -
The United States, Mexico and Canada have now completed the fifth round of negotiations concerning the renegotiation of NAFTA, and the future of the treaty is looking...more
12/19/2017
/ Anti-Corruption ,
Anti-Dumping Duty ,
Bonds ,
Canada ,
Cuba ,
Default ,
Dispute Resolution ,
Economic Sanctions ,
Fédération Internationale de Football Association (FIFA) ,
Financial Crisis ,
ICSID ,
International Arbitration ,
Jurisdiction ,
Latin America ,
Mexico ,
NAFTA ,
Negotiations ,
Office of Foreign Assets Control (OFAC) ,
Personal Property ,
Peru ,
Poison Pill ,
SCOTUS ,
Sovereign Debt ,
Sovereign Immunity ,
Treaties ,
Trump Administration ,
Venezuela ,
Venezuela v Helmerich & Payne ,
Writ of Attachment
On July 17, 2017, the office of the U.S. Trade Representative (USTR) released a report on U.S. goals to modify the current North American Free Trade Agreement (NAFTA). The report provides insight into the issues that will be...more
7/31/2017
/ Agricultural Sector ,
Anti-Dumping Duty ,
Congressional Investigations & Hearings ,
Countervailing Duties ,
Country of Origin ,
Cross-Border Transactions ,
Digital Goods ,
Dispute Resolution ,
Energy Sector ,
Exchange Rates ,
Investor Protection ,
NAFTA ,
Settlement ,
State-Owned Enterprises ,
Tariffs ,
Trade Deficit ,
Trade Promotion Authority ,
USTR
On June 1, 2017, Skadden hosted the webinar “Minimizing Risks and Maximizing Opportunities in China-Latin America Investment.” Topics of discussion included the increasing importance of Chinese investment in Latin America,...more
7/21/2017
/ Bilateral Investment Treaties ,
Brazil ,
China ,
Dispute Resolution ,
Environmental Policies ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Hong Kong International Arbitration Centre (HKIAC) ,
International Arbitration ,
Joint Venture ,
Latin America ,
Natural Resources ,
Risk Mitigation
The Continuing Rise of Chinese Investment in Latin America -
Chinese investment and transactions in Latin America exceeded US$125 billion in the last decade, and China is expected to continue to be a key player in Latin...more
6/21/2017
/ Arbitration ,
China ,
Colombia ,
Cross-Border Transactions ,
Discovery ,
Dispute Resolution ,
Foreign Investment ,
Hague Convention ,
International Litigation ,
Latin America ,
Personal Jurisdiction ,
Service of Process ,
Water Splash v Menon
On February 6, 2017, Skadden hosted the webinar “Minimizing Risks and Maximizing Opportunities in China-Latin America Investment.” Topics of discussion included the increasing importance of Chinese investment in Latin...more
3/1/2017
/ Anti-Corruption ,
Bilateral Investment Treaties ,
Buyers ,
China ,
CIETAC ,
Dispute Resolution ,
Foreign Investment ,
Hong Kong International Arbitration Centre (HKIAC) ,
International Arbitration ,
Joint Venture ,
Latin America ,
New York Convention ,
Outbound Transactions ,
Risk Mitigation ,
Sellers
One of the benefits of using arbitration to resolve international disputes is the availability of worldwide mechanisms to enforce an arbitral award. For example, the 1958 New York Convention on the Recognition and Enforcement...more
In the emerging area of business and human rights, the endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) by the U.N. Human Rights Council five years ago marked a watershed event. The...more
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
2/6/2017
/ Bilateral Investment Treaties ,
China ,
Expropriation ,
Hong Kong ,
ICSID ,
International Arbitration ,
International Litigation ,
Investor Protection ,
Jurisdiction ,
Macau ,
Singapore ,
UNCITRAL
The U.S. Supreme Court has decided to review a key issue concerning service abroad of process on foreign defendants — namely, whether foreign defendants may be served by mail. The case, Menon v. Water Splash, Inc., marks the...more
A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more
10/13/2016
/ Arbitration Awards ,
Arbitrators ,
Argentina ,
Bilateral Investment Treaties ,
Conflicts of Interest ,
Corporate Counsel ,
Evidence ,
Federal Arbitration Act ,
Impartiality ,
International Arbitration ,
Investors ,
Motion to Vacate ,
Standard of Review ,
UK ,
UNCITRAL ,
Young Lawyers
On June 23, 2016, Skadden hosted a webinar titled “Foreign Governments, U.S. Courts and International Arbitration.” Topics of discussion included the settlement of the Argentine sovereign debt litigation, enforcement of...more
7/14/2016
/ Arbitration Awards ,
Argentina ,
Cuba ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Foreign Sovereigns ,
ICSID ,
International Arbitration ,
Iran ,
Post-Judgment Enforcement Actions ,
Sovereign Debt ,
State Sponsors of Terrorism ,
Terrorism Insurance
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
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
As arbitration continues to be widely utilized in international commerce, the issue of how arbitrators should handle conflict checks, and who is suitable for appointment as arbitrator in complex cases, will remain a vital...more
Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more
1/16/2016
/ Arbitration ,
Arbitration Awards ,
Choice of Court Agreements Treaty ,
Discovery ,
Dispute Resolution ,
Enforcement ,
Hague Convention ,
International Arbitration ,
International Litigation ,
New York Convention ,
UNCITRAL ,
Young Lawyers
This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including developments in U.S. Foreign Corrupt Practices Act enforcement; the introduction of...more
11/4/2015
/ Accomplice Liability ,
Anti-Corruption ,
Asia ,
Attorney-Client Privilege ,
Bribery ,
China ,
Criminal Prosecution ,
Cross-Border ,
Cross-Border Transactions ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Government Investigations ,
India ,
Internal Investigations ,
Libor ,
Market Manipulation ,
Non-Resident Aliens ,
OECD ,
Public Officials ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
South Korea ,
Tax Evasion ,
Thailand ,
UK ,
Whistleblower Protection Policies ,
Whistleblowers ,
Work-Product Doctrine
When faced with questions of corruption in a commercial dispute, New York courts and international arbitration tribunals have historically taken different approaches. In particular, questions often arise pertaining to...more
Bilateral Investment Treaties (BITs) afford investors a series of guarantees against expropriation or unfair treatment of investments in foreign jurisdictions. They also typically allow investors to enforce those rights...more
Courts occasionally are asked to intervene in a pending arbitration and exercise their injunctive powers. In some cases, litigants seek to have the courts aid the arbitral process by stopping foreign proceedings that...more
Last week, the U.S. Supreme Court issued its long-awaited opinion in Kiobel v. Royal Dutch Petroleum, No. 10–1491 (U.S. Apr. 17, 2013), a significant decision holding that the so-called “Alien Tort Claims Act” or “Alien Tort...more