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India to Promote Mining of Lithium and Five Other Critical Minerals

On 2 August 2023, India’s Parliament passed the Mines and Minerals (Development and Regulation) Amendment Bill, 2023 (“Amendment Bill”) to amend the Mines and Minerals (Development and Regulation) Act, 1957 (“Act”). The Act...more

SCCA and Ministry of Justice confirm parties’ freedom to choose international counsel representatives in Saudi seated arbitrations

In conjunction with the Ministry of Justice of the Kingdom of Saudi Arabia (“KSA”), the Saudi Centre for Commercial Arbitration (“SCCA”) conducted a study into KSA legislation and confirmed that parties to Saudi arbitration...more

8 Key Business Takeaways From Russia’s War

Economic ripples of Russia’s invasion of Ukraine will permeate the financial, energy, retail, and agricultural sectors, among others. (A link to a related King & Spalding webinar is located here.) While the full effects of...more

Russia’s Payment of Principal and Interest in Rubles of U.S. Dollar-Denominated Debt May Give Rise to Claims under International...

On April 11, 2022, the EMEA Credit Derivatives Determinations Committee (CDDC) determined that the state-owned Russian Railways is in default on a missed bond payment. Russian Railways tried to make the interest payment due...more

Russia’s Recent Actions Against Foreign Investors Will Give Rise to Claims Under International Investment Treaties

Since the Russian Federation’s invasion of Ukraine, more than 400 international companies have announced their intentions to scale back or shut down their business operations in Russia. Russia has responded to the exodus of...more

Financial Shockwaves

8 Key Business Takeaways From Russia’s War - Economic ripples of Russia’s invasion of Ukraine will permeate the financial, energy, retail, and agricultural sectors, among others. (A link to a related King & Spalding...more

English High Court Rules That Compliance With Pre-Arbitration Negotiation Periods Incapable of Challenge on Jurisdictional Grounds

Republic of Sierra Leone v SL Mining - The English High Court (Sir Michael Burton GBE) has handed down a significant judgment dismissing a challenge to a Tribunal’s jurisdiction under section 67 of the Arbitration Act...more

Enforcing the Level Playing Field in the EU-UK Trade and Cooperation Agreement

In December 2020, the EU and UK announced the conclusion of a free trade agreement or ‘Association Agreement’, termed the Trade and Cooperation Agreement (“TCA”). The TCA has two core features. First, the TCA is a free trade...more

DIFC Courts Grant First Ever Anti-Suit Injunction

A clear message to parties that arbitration agreements providing for a DIFC seat must be respected In a landmark decision handed down by His Excellency Justice Shamlan Al Sawalehi in Multiplex Constructions LLC v Elemec...more

Energy Newsletter - March 2018

Good news at last for the development of offshore wind projects in France - While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more

English Court of Appeal Rejects UK Parent Company Duty of Care to Those Affected by Pipeline Operations of Nigerian Subsidiary

In a decision likely to give comfort to parent energy companies, the English Court of Appeal has confirmed (by a majority of 2:1) that the parent company of the Shell Group owed no duty of care to approximately 42,500...more

UK Court Takes a “Realistic” and “Commercial” Approach to Litigation Privilege in the Context of Internal Investigations

In a judgment handed down at the end of 2017, but only recently released, the High Court in London has determined - in Bilta (UK) Ltd v RBS - that interviews held with employees in preparation of a report intended to deter a...more

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