On July 25, 2023, the United Nations Commission on International Trade (UNCITRAL) concluded its 56th session in Vienna, Austria.
During the 56th session, UNCITRAL adopted a number of new guidelines and texts on mediation,...more
The entitlement to bring claims for breaches of the investment standards and protections contained in Section A of Chapter 11 of the North American Free Trade Agreement will soon end.
NAFTA countries agreed to withdraw their...more
On January 30, 2023, the International Centre for Settlement of Investment Disputes (ICSID) published its Caseload Statistics for the 2022 calendar year.
The Caseload Statistics can be found here, and ICSID’s accompanying...more
2/13/2023
/ Bilateral Investment Treaties ,
CAFTA-DR ,
Coronavirus/COVID-19 ,
FIPPA ,
Foreign Investment ,
Gender Equity ,
ICSID ,
Investment ,
NAFTA ,
UNCITRAL ,
United States-Mexico-Canada Agreement (USMCA)
On November 18, 2022, Luxembourg became the seventh country to announce plans to withdraw from the Energy Charter Treaty (ECT), following in the footsteps of Poland, Spain, the Netherlands, France, Slovenia, and...more
On November 18, 2022, the European Commission announced the conclusion of negotiations between the European Union (EU) and the Republic of Angola on a Sustainable Investment Facilitation Agreement (SIFA)....more
On October 14th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published its Annual Report for Fiscal Year (FY) 2022 covering the period from 1 July 2021 to 30 June 2022, including statistics on...more
On September 13, 2022, the European Parliament approved a report by its committee on legal affairs that calls for the introduction of a new regulatory framework to prevent abuses that may be caused by third-party-funded...more
Under 28 U.S.C. §1782, parties can ask district courts to compel persons within the courts’ respective districts to provide evidence in aid of proceedings before “a foreign or international tribunal.” A longstanding question...more
On March 21, the Member States of the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) approved extensive amendments to the Centre’s rules and regulations that will go into effect on July 1,...more
On February 7th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published the latest edition of its Caseload Statistics, confirming the strong demand for ICSID Arbitration despite challenges...more
2/10/2022
/ Arbitration ,
Bilateral Investment Treaties ,
Caseloads ,
Coronavirus/COVID-19 ,
Dispute Resolution ,
Diversity ,
Foreign Investment ,
ICSID ,
International Arbitration ,
Investment ,
Investors ,
NAFTA
Last week, members of the European Parliament debated newly imposed Chinese sanctions as tensions between the two powers continue to escalate. The latest move came after Beijing implemented sanctions targeting European...more
On January 29, 2021, the EU and Canada adopted four important decisions to ready the novel Investment Court System (ICS) for disputes arising under the EU-Canada Comprehensive Economic and Trade Agreement (CETA)...more
The World Bank’s International Centre for Settlement of Investment Disputes (ICSID), the leading arbitration venue for investor-State arbitration, has released its FY2020 caseload statistics.
This information indicates...more
On September 10, former US State Department lawyers filed a joint amicus brief in the Supreme Court encouraging the justices to reverse a DC Circuit court decision altering the FSIA.
The Amicus Brief -
Filed in support...more
On July 8, 2020, the US Court of Appeals for the Second Circuit rendered its decision in In Re Application and Petition of Hanwei Guo for an order to take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782...more
In the past month, the Permanent Court of Arbitration (PCA) and the Singapore International Arbitration Centre (SIAC) released their annual reports. The reports reflect on the growth of the PCA and SIAC as international...more
The typical path for the Antitrust Division of the US Department of Justice when it determines that a contemplated merger is anticompetitive is to sue in federal court to block the merger. Recently, however, the DOJ, for the...more
The release on December 12, 2019, of the Hague Rules on Business and Human Rights Arbitration (the BHR Rules) offers a new and innovative dispute resolution option in the field of corporate responsibility. As self-described,...more
IAReporter reports that on January 27, 2020, in the case of Dirk Herzig as Insolvency Administrator of the Assets of Unionmatex v. Turkmenistan, an ICSID tribunal, comprised of Nathalie Voser, Philippe Sands, and Lucy Reed as...more
To protect enforceability, an arbitral award must conform to the fundamental principles of public policy in the seat of arbitration.
The arbitral tribunal’s “clear and convincing evidence” standard of proving corruption...more
11/14/2019
/ Appeals ,
Arbitration ,
Bribery ,
Corruption ,
Due Process ,
Foreign Arbitral Awards ,
International Chamber of Commerce (ICC) ,
Netherlands ,
Public Policy ,
Subsidiaries ,
The Hague ,
Tribunals