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
In March 2022, the European Commission published "REPowerEU," a blueprint of its planned changes to the regulation of European Union energy markets in direct response to the Russian invasion of Ukraine in February 2022. At...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
Features of the New CFA Framework -
From 4 May 2022, lawyers in Singapore can enter into CFAs with clients for international and domestic arbitration proceedings (including arbitrations conducted under the SIAC rules) and...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
As offshore assets age, oil and gas companies face a wave of decommissioning obligations, with expenditures estimated to exceed US$200 billion in coming decades. Decommissioning is not simply demolition. It requires plugging...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 Australian government has announced proposed reforms to Australia's offshore oil & gas regulation, which are aimed at achieving appropriate stewardship of assets by increasing government scrutiny over oil & gas...more
The Situation: On 15 February 2021, the English High Court handed down a key judgment in Republic of Sierra Leone v. SL Mining Ltd on the issue of whether non-compliance with a clause containing a pre-arbitration procedural...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
The 2021 ICC Rules, which will enter into force on January 1, 2021, include a new requirement for disclosure of third-party funding arrangements.
On October 8, 2020, the International Chamber of Commerce ("ICC") announced...more
10/30/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Conflicts of Interest ,
Disclosure Requirements ,
Hong Kong ,
Hong Kong International Arbitration Centre (HKIAC) ,
ICSID ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
New Rules ,
Third Party Funding
The Situation: Governments around the world are taking extraordinary measures to address the spread of COVID-19. Although many governments are attempting to strike a balance between the protection of public health and...more
The North American Free Trade Agreement ("NAFTA") enables Canadian, Mexican, and U.S. investors to bring arbitrations against the Canadian, Mexican, and U.S. governments for violations of the treaty, including its guarantees...more
10/24/2018
/ Canada ,
Cross-Border Transactions ,
Dispute Resolution ,
Free Trade Agreements ,
Mexico ,
Most-Favored Nations ,
NAFTA ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
The Ruling: On March 6, 2018, the Court of Justice of the European Union ("CJEU") issued a judgment in the Achmea v. Slovakia case on whether the investor–state arbitration provision in the Netherlands–Slovakia Bilateral...more