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International Arbitration Arbitration Bilateral Investment Treaties

Shutts & Bowen LLP

Discovery Access Under 1782 and ICSID Arbitrations

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Last June, the Supreme Court brought much needed clarity for parties in commercial arbitrations seeking discovery assistance in the U.S. under Section 1782, by holding that such discovery assistance does not extend to...more

Seyfarth Shaw LLP

The Future of Bilateral Investment Treaty Arbitrations in the European Union

Seyfarth Shaw LLP on

The Contracting Parties to the Energy Charter Treaty (ECT) on June 24, 2022, announced their agreement in principle on the modernization of the ECT. Part of the agreement “confirm[s] that an investor from a Contracting Party...more

Cooley LLP

Investment Treaties Could Provide Remedy For Russia’s Unlawful Seizure of Foreign Assets

Cooley LLP on

As Reuters recently reported, Russia is preparing a new law that will allow it to seize the local businesses of Western companies that have left or suspended operations in Russia due to the invasion of Ukraine. Affected...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

Hogan Lovells

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

Hogan Lovells on

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

ICSID Tribunal Finds That Colombia Violated the Minimum Standard of Treatment but Did Not Indirectly Expropriate the Investment in Eco Oro v. Colombia - In September 2021, an International Centre for Settlement of Investment...more

ArentFox Schiff

ICSID Releases Caseload Statistics for Record Year 2021

ArentFox Schiff on

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

A&O Shearman

Structuring investments in 2022: time to rethink

A&O Shearman on

A number of factors have led to a more uncertain environment for infrastructure investment globally as we move into 2022. ...more

WilmerHale

ICSID Publishes New Materials on Mediation in Investment Disputes

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In the investor-State context, consensual alternative dispute resolution (ADR) has long been viewed as an aspirational endeavor. Where a foreign company or individual complains of mistreatment by a host State, the investor...more

Carlton Fields

Second Circuit Finds International Arbitral Tribunal Formed Under a Bilateral Investment Treaty Constitutes a “Foreign Tribunal”...

Carlton Fields on

Third-party defendants AlixPartners LLP and Simon Freakley (collectively, “AlixPartners”) appealed from a July 2020 order of the U.S. District Court for the Southern District of New York, which granted an application for...more

A&O Shearman

Costs, damages and duration in investor-State arbitration

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The study examines over 400 investor-State dispute settlement (ISDS) cases conducted under ICSID, UNCITRAL and other arbitration rules and over 70 ICSID annulment decisions. It provides a comprehensive analysis of how long...more

Orrick, Herrington & Sutcliffe LLP

The Ill-fated Termination of Intra-EU Bilateral Investment Treaties

In 2018, the Court of Justice of the European Union (“CJEU”) rendered a judgment in the Achmea case, which has led to much controversy and concern in the European investor-state arbitration community. ...more

Morgan Lewis

ICSID Tribunal Confirms Jurisdiction to Hear Multiparty Arbitration by International Investors

Morgan Lewis on

An International Centre for Settlement of Investment Disputes (ICSID) tribunal has recently dismissed the jurisdictional challenges of the Republic of Cyprus and is pushing ahead with a multiparty arbitration commenced by...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – February 2020

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In late 2017, South Africa modernized its International Arbitration Act (the “IAA”) and showed potential to become the arbitral seat of choice for arbitrations involving African parties. Just a few months later, however,...more

Dechert LLP

Intra-EU Arbitral Award Enforced in the U.S. – Achmea Objection Dismissed by D.C. District Court for the First Time

Dechert LLP on

A federal court in Washington, D.C. has recognized and enforced a US$331 million arbitral award against Romania under an intra-EU BIT—notwithstanding the objection of the European Commission that the award is incompatible...more

Jones Day

Renegotiation of Existing BITs by the Netherlands May Directly Affect Current Investments

Jones Day on

The Situation: The Netherlands has 79 bilateral investment treaties ("BITs") in place with non-EU countries. On March 22, 2019, the Dutch government published a new model BIT ("2019 Model") as a template for negotiating new...more

Latham & Watkins LLP

Getting the Deal Through – Arbitration 2019, Hong Kong Chapter

Latham & Watkins LLP on

Multilateral conventions relating to arbitration - Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in...more

White & Case LLP

Troubled Waters of the UK's Labour Platform: Can Investment Protection and Arbitration be a Lifeline?

White & Case LLP on

Investors in the water industry in the UK are well advised to consider if their shareholding structure affords them appropriate investment treaty protection and access to investment arbitration in the event of possible...more

Holland & Knight LLP

Entra en Vigor el Convenio CIADI para México

Holland & Knight LLP on

Como lo informó previamente Holland & Knight, el Secretario de Economía de México, Ildefonso Guajardo, firmó la adhesión de México al Convenio del Centro Internacional de Arreglo de Diferencias Relativas a Inversiones...more

Holland & Knight LLP

ICSID Convention Now in Force in Mexico

Holland & Knight LLP on

As Holland & Knight reported earlier, Mexico's Secretary of Economy Ildefonso Guajardo signed Mexico's accession to the International Centre for Settlement of Investment Disputes (ICSID) Convention. (See Holland & Knight's...more

Jones Day

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

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

A&O Shearman

The Court of Justice of the European Union finds the arbitration provision in The Netherlands-Slovakia BIT incompatible with EU...

A&O Shearman on

On 6 March 2018, the Court of Justice of the European Union (the Court) delivered its judgment in Case C-284/16, Slovakia Republic v Achmea B.V., declaring that the investor-State arbitration provision in the bilateral...more

Bennett Jones LLP

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

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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

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

A&O Shearman

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

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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

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