On February 5, 2024, President López Obrador sent the Reform Initiative to the Chamber of Deputies. This, in turn, was submitted to the United Commission of Constitutional and Energy Matters for review....more
The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more
A recent jury verdict finding Chiquita Brands International ("Chiquita") responsible for deaths by a Colombia paramilitary group marked the first "bellwether trial" in a massive multidistrict litigation and is reported to be...more
The Situation: In February 2024, the International Bar Association ("IBA") updated its Guidelines on Conflicts of Interest in International Arbitration ("Guidelines"). The Guidelines provide detailed guidance for arbitrators...more
In October 2020, the Organization for Economic Co-operation and Development (“OECD”) Secretariat released a report addressing its “Pillar Two” blueprint for an overhaul of the international tax system. Pillar Two provides for...more
The recent District of Columbia District Court's decision against Lima demonstrates deference to arbitral tribunals....more
Since the 1990s, Latin American states have sought to attract large-scale foreign investment by implementing specific policies and regulatory regimes aimed at attracting investors from abroad. This trend has, however,...more
The U.S. Supreme Court held that a foreign plaintiff can sue a domestic U.S. judgment-debtor under the Racketeer Influenced and Corrupt Organizations Act ("RICO") for the debtor's fraudulent domestic efforts to avoid...more
In Short -
The Background: On May 8, 2023, Mexico published several amendments to laws relating to the country's mining industry.
...more
The Court held that the Foreign Sovereign Immunities Act ("FSIA") does not apply to criminal prosecutions, but left open the possibility that instrumentalities of foreign states may have common law immunity from prosecution....more
Chile is currently considering a new Constitution—due to be put to a referendum in September—and foreign investors should be aware of its potential impact on their investments in the country. The proposed changes in the draft...more
REGULATORY ISSUES & UPDATES -
UK Introduces New Climate-Related Disclosure Regulations for UK Companies and LLPs -
The Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022 ("the...more
6/1/2022
/ Biden Administration ,
Climate Action Plan ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Energy Reform ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC)
Introduction -
Last year, Peru elected Pedro Castillo as its new President. As a candidate, President Castillo ran as a left-wing socialist from Peru's Marxist party, Perú Libre. His presidential campaign agenda was built...more
As climate change and energy transition play an increasingly important role in the decision-making of private and government entities, one issue is bound to become the focus of attention: Is there a potential conflict between...more
5/24/2022
/ Climate Action Plan ,
Climate Change ,
Energy Charter Treaty ,
Energy Policy ,
Energy Reform ,
Environmental Policies ,
Foreign Investment ,
Infrastructure ,
International Treaties ,
Paris Agreement ,
Pollution Control ,
UNFCCC
Last year, Mexico's President Andrés Manuel López Obrador ("AMLO") began a series of efforts aimed at reforming Mexico's electricity sector in a manner that would reverse the rights granted to private investors in 2013 (the...more
Why Are Investment Treaties Important?
Investment treaties are international legal instruments between two or more States that protect against property destruction in armed conflict, illegal expropriation, discrimination,...more
The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more
3/1/2022
/ Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
EU ,
Greenhouse Gas Emissions ,
Investment ,
Investor State Dispute Settlement (ISDS) ,
Net Zero ,
Real Estate Development ,
Regulatory Reform ,
Taxonomy
Climate change litigation is often viewed by companies as a risk. However, it is also an opportunity—if brought in the right forum—for companies exposed to certain climate-related government measures to vindicate their...more
Latin America is experiencing a new wave of resource nationalism and government intervention, as more populists come to power spurred on by ideological shifts and indigenous movements....more
On September 30, 2021, Mexican President Andrés Manuel López Obrador sent the Reform Initiative to the House of Representatives and the United Commission of Constitutional and Energy Matters for review and plenary voting....more
On July 15, 2021, the Second Circuit reinforced the availability of § 1782 discovery to most investor-state arbitrations. In The Application of the Fund for Protection of Investor Rights, the court held that an investment...more
7/19/2021
/ Arbitration ,
Banks ,
Bilateral Investment Treaties ,
Commercial Bankruptcy ,
Discovery ,
Foreign Tribunals ,
Investment ,
Investors ,
Lithuania ,
Russia ,
UNCITRAL
The Situation: The front-runner in Peru’s Presidential run-off election, Pedro Castillo, has vowed to extract substantially more in payments from mining companies, renegotiate tax stabilization agreements, or potentially even...more
The Situation: The European Super League faced significant criticism when it was announced on 18 April 2021. Some governments in Europe—particularly the United Kingdom—even threatened new laws intended to target the new...more
The Situation: On July 10, 2018, the D.C. Circuit held that the Foreign Sovereign Immunities Act's ("FSIA") expropriation exception to sovereign immunity extended to a sovereign's taking of its own nationals' property in an...more
On 30 December 2020, the EU and China concluded in principle the negotiations for a wide-ranging investment treaty, the Comprehensive Agreement on Investment ("CAI"), after seven years of discussions.
The CAI is expected...more