News & Analysis as of

ICSID

Dentons

European investors reconsider their position following the ECJ's decision in Achmea

by Dentons on

European investors are reconsidering the status of their investments in Europe following the European Court of Justice's ruling in Slovak Republic v Achmea BV (Case C-284/16) that an investor-state arbitration clause in a...more

WilmerHale

Energy Arbitration in Africa

by WilmerHale on

The energy sector is a critical element in Africa’s economic development. It includes traditional resources such as oil, gas and coal as well as a growing emphasis on renewable sources of energy. Historically and today, the...more

MERITAS - Law Firms Worldwide

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Nicaragua

1 .What role does the government of Nicaragua play in approving and regulating foreign direct investment? In Nicaragua, there are no limitations on foreign investment. Current regulations aim at creating a legal framework...more

MERITAS - Law Firms Worldwide

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Jamaica

1 .What role does the government of Jamaica play in approving and regulating foreign direct investment? The government of Jamaica (GOJ) is highly committed to facilitating a viable environment for businesses and...more

Mintz Levin - ADR: Advice From The Trenches

When Seeking to Enforce an ICSID Arbitration Award Against a Foreign Sovereign, Think FSIA First

An ex parte proceeding in a U.S. court to “recognize,” “enforce,” or “confirm” an arbitration award against a foreign sovereign is improper. The U.S. Court of Appeals for the Second Circuit issued a lengthy and instructive...more

MERITAS - Law Firms Worldwide

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Honduras

1 .What role does the government of Honduras play in approving and regulating foreign direct investment? The Honduran government has acknowledged that foreign direct investment is vital for the generation of economic...more

McGuireWoods LLP

Energy and Finance Sectors Drive Growing International Arbitration Caseloads

by McGuireWoods LLP on

Energy and Finance Sectors Drive Growing International Arbitration Caseloads - International arbitration case filings are surging and show no signs of letting up, according to recent reports from the world’s leading...more

Jones Day

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

by Jones Day on

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

Latham & Watkins LLP

European Court of Justice Rules on Intra-EU Bilateral Investment Treaty

by Latham & Watkins LLP on

CJEU ruling on the incompatibility of a BIT provision with EU law may have implications for existing intra-EU BITs. Key Points: ..The CJEU’s decision differs from Advocate-General Melchior Wathelet’s 2017 Opinion and...more

Jones Day

Investment Arbitration in Latin America: Elections, Trade Agreements, and the ICSID

by Jones Day on

In November 2017, S&P Global Ratings declared Venezuela in default after it failed to make a $200 million coupon payment on its sovereign bonds. Many saw this coming. Since 2014, the country has been mired in a recession that...more

Bennett Jones LLP

The Gulf Crisis—Could it Bring State-to-State Arbitration to the Region?

by Bennett Jones LLP on

In June 2017, Saudi Arabia, the United Arab Emirates (UAE), Bahrain and Egypt cut diplomatic, trade and travel ties with Qatar and imposed a blockade on the Gulf state, accusing it of supporting terrorism and developing a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Mexico Signs ICSID Convention

On January 11, 2018, Mexico became the 162nd country to sign the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention or the Convention)....more

Dorsey & Whitney LLP

Mexico Signs the ICSID Convention that Protects Foreign Investors

by Dorsey & Whitney LLP on

On January 11, 2018, the International Centre for Settlement of Investment Disputes (ICSID) of the World Bank in Washington D.C. announced that the United Mexican States' Secretary of the Economy, Ildefonso Guajardo...more

Holland & Knight LLP

Consecuencias para México Tras Suscribir el Convenio del CIADI

by Holland & Knight LLP on

Desde hace más de dos décadas, México ha impulsado políticas para fomentar el ingreso y participación de la inversión extranjera en las actividades económicas del país. Sin embargo, y a pesar de ser uno de los 10 países más...more

Holland & Knight LLP

Consequences for Mexico After Subscribing to the ICSID Convention

by Holland & Knight LLP on

For more than two decades, Mexico has promoted policies to encourage the entry and participation of foreign investment in the country's economic activities. However, despite being one of the 10 most active countries in...more

Orrick, Herrington & Sutcliffe LLP

4 International Arbitration Cases To Watch In 2018

Charles Adams, the leader of Orrick’s International Arbitration & Dispute resolution team, recently spoke with Law360 regarding international arbitration cases to watch in 2018. Charles gave his thoughts on the continuation...more

WilmerHale

Closed List Arbitrator Appointments: A Case Study

by WilmerHale on

The Selection of international arbitrators is one of the most important aspects of the arbitral process. Established methods span from the selection of arbitrators by agreement between the parties to the selection by...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

NAFTA’s Future Looks Increasingly Uncertain - The United States, Mexico and Canada have now completed the fifth round of negotiations concerning the renegotiation of NAFTA, and the future of the treaty is looking...more

Allen & Overy LLP

Investment Treaty Arbitration: cost, duration and size of claims all show steady increase

by Allen & Overy LLP on

Update to Allen & Overy 2012 study shows increases on all metrics but, importantly, tribunals taking more nuanced and rigorous approach to parties’ costs Please enter Byline. ?Investors abroad are increasingly aware of their...more

Allen & Overy LLP

Investors' rights of protection against Venezuela's sovereign debt default

by Allen & Overy LLP on

On 13 November 2017, it was confirmed that Venezuela had defaulted on its sovereign debt after failing to meet the deadline for payment of US$200m of interest on its sovereign bonds due in 2019 and 2024.1 It is expected...more

White & Case LLP

Africa Focus: Arbitration in Africa - Managing risk in a growing market

by White & Case LLP on

Today, many areas of the African economy are still growing despite challenges due to sharp reductions in the price of oil and other natural resources. Besides the industries related to the continent's natural resources,...more

Allen & Overy LLP

Briefing note: New laws create potential for arbitration claims against Tanzania

by Allen & Overy LLP on

Potential arbitration claims arising from three acts affecting investors in natural resources projects in Tanzania INTRODUCTION - In July 2017, three new laws (the Acts) entered into force in Tanzania which could have...more

WilmerHale

Bilateral Arbitration Treaties at the 50th Anniversary of UNCITRAL

by WilmerHale on

At the 50th anniversary of the United Nations Commission on International Trade Law (“UNCITRAL”) Congress, Gary Born, chair of Wilmer Cutler Pickering Hale and Dorr LLP's International Arbitration Group, discussed his...more

Latham & Watkins LLP

International Arbitration Newsletter - May 2017

by Latham & Watkins LLP on

On 1 March 2017 the UK Supreme Court1 overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting...more

Eversheds Sutherland (US) LLP

ICSID Committee Annuls Nearly 90% of Award Against Venezuela

An International Centre for Settlement of Investment Disputes (ICSID) Committee has annulled nearly 90% of the US$1.6 billion Award which had been won by ExxonMobil affiliates in their ICSID arbitration against Venezuela...more

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