News & Analysis as of

Expropriation Arbitration

WilmerHale

Year In Review and Developments to Watch in Foreign Sovereign Litigation in U.S. Courts

WilmerHale on

In 2024, U.S. courts issued consequential decisions in cases brought against foreign states and their agencies and instrumentalities under the Foreign Sovereign Immunities Act (“FSIA”). This alert summarizes key decisions in...more

Mayer Brown

How Investment Treaties Can Protect Your Mining Interests Abroad

Mayer Brown on

Mining is a capital-intensive and long-term activity that often involves operating in challenging and uncertain environments. As a foreign investor in the mining sector, you may face various risks, such as expropriation,...more

White & Case LLP

Shifting Sands: How New Interpretations Could Reshape U.S.-Colombian Investments

White & Case LLP on

U.S.-Colombian relations are currently experiencing a period of heightened tension, as evidenced by recent trade measures and diplomatic exchanges. Moreover, in the last weeks the Free Trade Commission (the "Commission") of...more

BCLP

International Law Recourse for Potential Expropriation of Foreign Assets by Russia

BCLP on

With the continuing exit and suspension of operation of foreign entities in Russia, Russian State authorities are exploring retaliatory measures, including a regime for the nationalisation and forced sale of foreign assets. ...more

Proskauer - Minding Your Business

Kazakhstan Ordered to Pay $506 Million for Crude Expropriation of Oil and Gas Investments

In a case that highlights both that governments are not above the rule of law and that it is difficult to swiftly enforce arbitral awards, a Swedish appeals court, on December 12, 2016, upheld a $506 million award against...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The 'Law 42' Arbitrations Against Ecuador and the Importance of BIT Language"

Bilateral Investment Treaties (BITs) afford investors a series of guarantees against expropriation or unfair treatment of investments in foreign jurisdictions. They also typically allow investors to enforce those rights...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Increasing Appeal and Novel Use of Bilateral Investment Treaties"

Over the last 20 years, bilateral investment treaties (BITs) have provided foreign investors with basic safeguards against expropriation and related risks and guarantee the right to bring claims before a neutral arbitral...more

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