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Chile’s Proposed Constitutional Changes to Natural Resource Rights Could Have Devastating Effects on Foreign Investors: How Can...

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

REPowerEU: A New Energy Landscape for Europe

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

The Climate Report | Second Quarter 2022

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

Peru's Struggle to Balance Foreign Investors' Rights and Local Communities' Demands

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

Energy Transition and Climate Change Treaties

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

Conditional Fee Arrangements Now Permitted in Singapore for SIAC Arbitrations and SICC Proceedings

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

Companies With Investments and Businesses in Ukraine and Russia: The Importance of Investment Treaties

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 Climate Report | First Quarter 2022

The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more

Climate Change and Investor-State Dispute Settlement

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

Another Sweeping Wave of Resource Nationalism in Latin America: How to Protect Your Investment

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

Offshore Oil and Gas Field Decommissioning: Disputes and Other Challenges

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

European Super League: Threatened Government Backlash Created Winners and Losers

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

Australian Government Foreshadows Significant Reform to Australia's Offshore Oil & Gas Regulation

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

"Not a Cat’s Chance in Hell": English Court Clarifies Approach to Escalation Clauses

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

EU and China Reach Landmark Agreement in Principle on Investment

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

ICC Adopts 2021 Rules of Arbitration

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

COVID-19 and Investment Treaties: Balancing the Protection of Public Health and Economic Interests

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

NAFTA 2.0 to Bring Major Changes to Investor-State Dispute Settlement - New U.S.-Mexico-Canada Agreement significantly curtails...

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

Restructuring Recommended after CJEU Decision on Intra-EU Bilateral Investment Treaties

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

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