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A&O Shearman

Client Alert Russian Counter Sanctions II

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Over two years since the full-scale invasion of Ukraine triggered the imposition of worldwide sanctions against Russia, Moscow has continued to respond in the form of new counter-sanctions. We have previously summarized...more

Jenner & Block

What Is the Future of Energy Charter Treaty (ECT)?

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The Energy Charter Treaty (ECT) is a multi-nation investment treaty which protects investors from the nationalization of assets and other arbitrary and discriminatory state conduct made at the expense of investments in the...more

Mayer Brown

Honduras Denounces the ICSID Convention; Investors with Potential Claims Should Quickly Analyze Their Options

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Honduras denounced the ICSID Convention via a written notice received by the World Bank on February 24, 2024. Under Article 71 of the ICSID Convention, such denunciations take effect six months from the date of receipt of the...more

White & Case LLP

Honduras ICSID Denunciation and Implications for Foreign Investors

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The International Centre for Settlement of Investment Disputes ("ICSID") has announced that the World Bank received a written notice of denunciation of the Convention on the Settlement of Investment Disputes between States...more

Vinson & Elkins LLP

The United Kingdom Announces Its Intention to Withdraw From the Energy Charter Treaty

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On 22 February 2024, the UK government confirmed the UK’s withdrawal from the Energy Charter Treaty (ECT), blaming a failure of efforts to modernise the treaty and align it with net zero aims. The UK joins nine EU member...more

JAMS

[PODCAST] Top Considerations for Selecting International Arbitration Seats and the Rise of the U.S. as an International ADR Hub

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JAMS neutrals discuss how to navigate international arbitration in the states In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss...more

White & Case LLP

Investing in India

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What a difference a decade can make! Since the publication of our first report, "Navigating India: Lessons for Foreign Investors," in 2013, India has undergone a remarkable transformation. The country’s population grew by 100...more

Seyfarth Shaw LLP

US-China Trade: Outbound Investment Control Regime in Sensitive Technologies

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中美贸易:敏感技术的对外投资管制制度 Executive Order on Outbound Investment 有关对外投资的行政令 - A new executive order signed by President Biden in August 2023 restricts outbound investment to China in several critical cutting-edge technologies...more

K&L Gates LLP

Arbitration World - June 2023

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Welcome to the 39th Edition of Arbitration World, a publication from K&L Gates’ International Arbitration practice group highlighting significant developments and issues in arbitration for executives and in-house counsel ...more

Miller Canfield

U.S. Supreme Court Confirms that Foreign Companies Can Use a Powerful Tool to Enforce International Arbitration Awards

Miller Canfield on

The U.S. Supreme Court recently confirmed that foreign companies looking to enforce international arbitration awards have a powerful tool at their disposal: a U.S. statute targeting organized criminal activity. In Yegiazaryan...more

Jenner & Block

English Court Thwarts Spain’s Latest Attempt to Resist Enforcement of ECT Awards

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Some readers will be familiar with the many claims made against Spain for the alleged violation of its obligations to foreign investors under the Energy Charter Treaty (the ECT). In May 2023, the English Commercial Court...more

K&L Gates LLP

The Decision of the International Court of Justice in Certain Iranian Assets

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Implications for the Enforcement of Investor-state Arbitration Awards Arising From the Application of International Sanctions Against Russia - On 30 March 2023, the International Court of Justice (ICJ) issued its judgment in...more

King & Spalding

International Arbitration in Switzerland – Flashback To 2022

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In 2022, Switzerland continued to be one of the leading venues for international commercial and investment arbitration with an active community and Swiss Arbitration Centre at the forefront of the development of efficient...more

K&L Gates LLP

High Court of Australia to Hear Appeal on Recognition of ICSID Arbitral Award Against Spain in November 2022

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The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in...more

Hogan Lovells

Investors must act quickly or forfeit their rights to claims under soon expiring NAFTA Chapter 11

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North American Free Trade Agreement (NAFTA) Chapter 11 investor-state dispute settlement (ISDS) legacy claims will soon expire and U.S., Canadian, and Mexican investors should review their investments and ascertain whether...more

A&O Shearman

Indonesia’s Revocation Of Mining Permits: What Foreign Investors Need To Know

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On September 26, 2022, the Indonesian Minister of Investment provided an update on the review process being undertaken by the Ministry of Investment in respect of its revocation of over 2,000 mining permits in August 2022....more

Hogan Lovells

The Pharma Industry and Investment Arbitration: What Chances for Foreign Investors?

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The possibility for pharmaceutical companies to usefully resort to investment arbitration has been until recently shrouded in ambiguity. While the possibility to assume jurisdiction over cases concerning the registration of a...more

White & Case LLP

Another Step Forward: Enforcement of English Court Judgments in the UAE

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On 13 September 2022, the UAE Ministry of Justice issued a directive which confirms that judgments issued by the English Courts can be enforced by the UAE Courts under the principle of reciprocity (the "Directive"). The...more

Vinson & Elkins LLP

A New Model Bilateral Investment Treaty for African States

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On 12 July 2022, the Africa Arbitration Academy (AAA)1 launched the Bilateral Investment Treaty (BIT) for African States (AAA Model BIT). The AAA Model BIT aims to balance two objectives: the attraction of Foreign Direct...more

Hogan Lovells

Les amendements au Règlement du CIRDI sont entrés en vigueur le 1er juillet 2022

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Adopté par le Conseil administratif du CIRDI le 21 mars 2022, le nouveau Règlement du CIRDI (le « Règlement ») est entré en vigueur le 1er juillet 2022, avec l’objectif d’"une rationalisation des procédures pour permettre un...more

Hogan Lovells

Africa Newsletter 2022, Edition 1

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It has been some time since our last newsletter, but this edition is packed with interesting articles and news about some of our recent and upcoming events. We start with two articles from our Paris office. In the first,...more

Hogan Lovells

Las modificaciones a las Reglas del CIADI entrarán en vigor el 1 de julio de 2022

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Conozca más sobre los cambios para mejorar la transparencia y la eficiencia en las modificaciones a las Reglas del CIADI, que entrarán en vigor el 1 de julio de 2022....more

Hogan Lovells

Amendments to ICSID Rules set to come into effect on July 1, 2022

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Learn more about the changes to improve transparency and efficiency in the amended ICSID Rules, which go into effect July 1, 2022.  Approved by the ICSID Administrative Council on March 21, 2022, the amended ICSID Rules will...more

King & Spalding

Potential Remedies for Russia’s Suspension of Foreign Investors’ Intellectual Property Rights

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Potential Remedies for Russia’s Suspension of Foreign Investors’ Intellectual Property Rights: International Investment Arbitration - Foreign investors in Russia may have remedies pursuant to international investment...more

Pillsbury Winthrop Shaw Pittman LLP

Expropriations Related to the Russia Sanctions May Trigger Liability under Investment Treaties

Recent news reports out of Russia have advised that it may expropriate or nationalize assets of foreign investors. Investors should be aware that such actions may breach bilateral or multilateral treaties that include...more

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