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
The recent District of Columbia District Court's decision against Lima demonstrates deference to arbitral tribunals....more
In an issue of first impression in the United States courts of appeals, the Eleventh Circuit ruled that an EU company is not automatically shielded from defending against a Helms-Burton Act lawsuit due to the EU's Blocking...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
The United States District Court for the Southern District of Florida dismissed a Helms-Burton lawsuit alleging that American Airlines unlawfully used a Cuban airport confiscated by the Castro government following the 1959...more
The U.S. Supreme Court has held that 28 U.S.C. § 1782 authorizes discovery to assist only governmental or intergovernmental adjudicative bodies, and not private adjudicative bodies like the international commercial and ad hoc...more
6/15/2022
/ 28 U.S.C. § 1782 ,
AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States ,
Arbitration ,
Business Disputes ,
Business Litigation ,
Commercial Arbitration ,
Discovery ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
Popular ,
SCOTUS ,
UNCITRAL ,
ZF Automotive US Inc v Luxshare Ltd
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
The U.S. Court of Appeals for the Second Circuit recently issued a decision in In re Vitamin C Antitrust Litigation, reversing a $148 million price-fixing judgment against two Chinese exporters of vitamin C, remanding the...more
8/25/2021
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Application of Foreign Laws ,
China ,
Comity ,
Conflicts of Laws ,
Economic Sanctions ,
Exports ,
Foreign State Compulsion Doctrine ,
Multinationals ,
Price-Fixing ,
Sherman Act
In the first published appellate opinion addressing a lawsuit under the Helms-Burton Act, the United States Court of Appeals for the Fifth Circuit held that the plaintiff failed to satisfy a statutory precondition because he...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
Jones Day partners Rick Puente and Chris Pace talk about what affected parties need to know about the Helms-Burton cases moving through U.S. district and appellate courts. They also comment on the current state of U.S./Cuba...more
In May of 2019, the Trump Administration lifted the suspension of Title III of the Helms-Burton Act. This cleared the way for U.S. nationals with claims to property in Cuba that was confiscated under the Castro regime to file...more
In a ruling of first impression, the United States District Court for the Northern District of Texas dismissed for lack of Article III standing a Helms-Burton Act lawsuit alleging that American Airlines "trafficked" in...more
Since the Trump Administration lifted the suspension of Title III of the Helms-Burton Act in May 2019, thereby allowing U.S. citizens to sue companies profiting from assets in Cuba seized under the Castro regime, high-profile...more
The uncertainty continues for companies potentially at risk since the Trump Administration lifted the suspension on Title III of the Helms-Burton Act, a provision that empowers U.S. nationals with claims to confiscated...more
Breaking more than two decades of precedent, the Trump Administration has allowed the suspension of Title III of the Helms-Burton Act to lapse, thereby enabling eligible individuals and companies to file lawsuits in U.S....more
The Situation: On April 17, 2019, the Trump Administration announced additional sanctions targeting the so-called "troika of tyranny" – Venezuela and its key regional allies, Nicaragua and Cuba. These sanctions notably...more
In November 2017, S&P Global Ratings declared Venezuela in default after it failed to make a $200 million coupon payment on its sovereign bonds. Many saw this coming. Since 2014, the country has been mired in a recession that...more
3/12/2018
/ Arbitration ,
Bilateral Investment Treaties ,
Foreign Investment ,
Foreign Jurisdictions ,
ICSID ,
International Arbitration ,
Investors ,
Latin America ,
Mexico ,
NAFTA ,
Presidential Elections ,
Trade Agreements ,
Venezuela