Impact of COVID-19 on Cross-Border Disputes -
Cross-border disputes in the year 2020 are likely to be significantly impacted by the current outbreak of COVID-19, and disputes involving Latin America are no exception. The...more
5/18/2020
/ Arbitral Authority ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Corruption ,
Criminal Investigations ,
Cross-Border Transactions ,
Cuba ,
Dispute Resolution ,
Enforcement of Foreign Judgments ,
Federal Pleading Requirements ,
Helms-Burton Act ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
International Litigation ,
Latin America ,
Parallel Proceedings ,
SCOTUS ,
Signatures ,
Subcontractors ,
United States-Mexico-Canada Agreement (USMCA)
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
1/30/2020
/ Acquisitions ,
Administrative Procedure Act ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Kickback Statute ,
Antitrust Investigations ,
Appeals ,
Arbitration Awards ,
Attorney General ,
Backstop Agreements ,
BEPS ,
BitLicense ,
Blockchain ,
Board of Directors ,
Bonds ,
Capital Markets ,
CFIUS ,
CFTC ,
Chapter 11 ,
Claim Preclusion ,
Class Action ,
Commercial Bankruptcy ,
Common Stock ,
Congressional Investigations & Hearings ,
Congressional Subpoenas ,
Consumer Financial Protection Bureau (CFPB) ,
Cooperation Agreement ,
Copyright ,
Corporate Governance ,
Corporate Restructuring ,
Corporate Social Responsibility ,
Corporate Taxes ,
Corwin Doctrine ,
Covenant Lite Deals ,
Creditors ,
Cross-Border Transactions ,
DACA ,
DE Supreme Court ,
Debt Financing ,
Debtors ,
Department of Justice (DOJ) ,
Dischargeable Debts ,
Disgorgement ,
Disparate Impact ,
Dodd-Frank ,
Down Rounds ,
Drug Pricing ,
EBITDA ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Actions ,
Enforcement of Foreign Judgments ,
Enterprise Act 2002 ,
Environmental Social & Governance (ESG) ,
EU ,
Fair Housing Act (FHA) ,
Federal Trade Commission (FTC) ,
FinTech ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Issuers ,
FRCP 23 ,
General Data Protection Regulation (GDPR) ,
General Elections ,
GILTI tax ,
High-Yield Markets ,
Hong Kong ,
Hong Kong Stock Exchange ,
Individual Accountability ,
Initial Public Offering (IPO) ,
Intellectual Property Litigation ,
Intercreditor Agreements ,
International Arbitration ,
International Litigation ,
IRS ,
Issue Preclusion ,
Japan ,
Joint Venture ,
Legislative Agendas ,
Life Sciences ,
Listing Rules ,
Litigation Strategies ,
Make-Whole Premium ,
Mergers ,
MFW ,
Multinationals ,
National Security ,
PCAOB ,
Pharmaceutical Industry ,
Political Parties ,
Preferred Shares ,
Private Offerings ,
Privately Held Corporations ,
Proxy Advisory Firms ,
Publicly-Traded Companies ,
Refinancing ,
Regulatory Agenda ,
Reporting Requirements ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Separation of Powers ,
Shareholder Activism ,
Shareholder Proposals ,
Shareholders ,
Split of Authority ,
State Labor Laws ,
Stock Drop Litigation ,
Tax Cuts and Jobs Act ,
Tax Litigation ,
Technology Sector ,
Third-Party Release Agrements ,
Transparency ,
UK ,
UK Brexit ,
Valuation ,
White Collar Crimes
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
10/29/2019
/ 28 U.S.C. § 1782 ,
Arbitrators ,
Class Arbitration ,
Commercial Electronic Messages ,
Cross-Border Transactions ,
Cuba ,
Discovery ,
Dispute Resolution ,
Electronically Stored Information ,
Exceptions ,
Expropriation ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
Foreign Tribunals ,
FRCP 37(e) ,
Helms-Burton Act ,
Henry Schein Inc v Archer and White Sales Inc ,
International Arbitration ,
International Litigation ,
Lamps Plus Inc v Varela ,
Latin America ,
New Prime v Oliveira ,
Private Right of Action ,
Question of Arbitrability ,
Request for Production ,
SCOTUS ,
Text Messages ,
Treble Damages ,
U.S. Foreign Claims Settlement Commission (FCSC) ,
Venezuela
International arbitration has long offered participants the benefit of maintaining confidentiality in high-stakes cases. Like virtually all modern activity, however, it has become potentially vulnerable to cyberattacks. The...more
On December 5, 2018, Skadden hosted the webinar “Drafting International Dispute Resolution Clauses.” Topics included the importance of dispute resolution clauses, choosing between litigation and arbitration, drafting...more
1/21/2019
/ Arbitration Agreements ,
Best Practices ,
Confidential Communications ,
Contract Drafting ,
Contract Terms ,
Discovery ,
Dispute Resolution ,
Expert Witness ,
Forum Non Conveniens ,
International Arbitration ,
International Litigation ,
Jurisdiction ,
Litigation Strategies ,
Multi-Party Litigation ,
Non-Appealable Decisions ,
Pleading Standards ,
Question of Arbitrability ,
Service of Process ,
Venue
US Courts Will Decide Whether to Enforce US$2 Billion Award Against Petróleos de Venezuela -
In April 2018, an International Chamber of Commerce (ICC) tribunal awarded US$2.04 billion in damages to two subsidiaries of U.S....more
7/13/2018
/ Affiliates ,
Alien Tort Statute ,
Animal Science Products Inc v Hebei Welcome Pharmaceutical Co Ltd ,
Antitrust Violations ,
Application of Foreign Laws ,
Bonds ,
Brazil ,
Breach of Contract ,
China ,
Class Action ,
ConocoPhillips ,
Corporate Liability ,
Cross-Border Transactions ,
Cybersecurity ,
Damages ,
Discrimination ,
Dispute Resolution ,
Foreign Corporations ,
Foreign Investment ,
ICSID ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
International Litigation ,
Investment Opportunities ,
Jesner et al. v. Arab Bank ,
Joint Protocols ,
Judicial Deference ,
Latin America ,
Mexico ,
NAFTA ,
Oil & Gas ,
One Belt One Road (OBOR) ,
Petrobras ,
SCOTUS ,
Securities Fraud ,
Securities Litigation ,
Venezuela
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
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
In a decision that has implications for non-U.S. financial institutions with correspondent accounts in New York, a closely divided New York Court of Appeals held on November 22, 2016, that the “[r]epeated, deliberate use [of...more
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
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
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
New York's position as a global financial center means litigants often have sought to use New York courts as a forum to enforce judgments or arbitration awards against foreign entities. In reality, the burden of enforcement...more
2/6/2015
/ Arbitration Awards ,
DaimlerChrysler v Bauman ,
Financial Institutions ,
Foreign Judgments ,
Forum ,
International Arbitration ,
International Litigation ,
Judgment Debtors ,
Motorola ,
Personal Jurisdiction ,
Separate Entity Rule
The U.S. Supreme Court began 2014 by issuing a decision limiting the ability of plaintiffs to assert tort claims against foreign corporations in the U.S. courts based on events occurring outside the United States. In Daimler...more