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International Arbitration Bilateral Investment Treaties Investors

Skadden, Arps, Slate, Meagher & Flom LLP

Investment Treaty Arbitration in India: Perspectives of the State and Indian Investor

Bilateral investment treaties (“BITs”) are agreements between countries that attempt to provide protections to investors from one state investing in the other (the “host state”). India’s experience with BITs and investor...more

Foley Hoag LLP

UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

Foley Hoag LLP on

UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming...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

King & Spalding

Russia’s Payment of Principal and Interest in Rubles of U.S. Dollar-Denominated Debt May Give Rise to Claims under International...

King & Spalding on

On April 11, 2022, the EMEA Credit Derivatives Determinations Committee (CDDC) determined that the state-owned Russian Railways is in default on a missed bond payment. Russian Railways tried to make the interest payment due...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

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

K&L Gates LLP

HUB Talks: Pandemic-Related Investor-State Arbitration - Part Three of a Three-Part Series

K&L Gates LLP on

In the final part of this three-part series podcast, partners Raja Bose, Ian Meredith, Matt Weldon, and associates Robert Houston and Hena Sial discuss the pandemic-related claims and concerns a Host State may have, such as...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

K&L Gates LLP

HUB Talks: Pandemic-Related Investor-State Arbitration - Part Two of a Three-Part Series

K&L Gates LLP on

In the second part of this three-part series podcast, partners Raja Bose, Ian Meredith, and Matt Weldon, along with associate Robert Houston, discuss the scope for, and how investors might be able to recognize, potential...more

K&L Gates LLP

HUB Talks: Pandemic-Related Investor-State Dispute Settlement - Part One of a Three-Part Series

K&L Gates LLP on

In the introductory episode of this three-part series, partners Raja Bose, Ian Meredith, and Matt Weldon, along with associates Ed Brown-Humes and Rob Houston, provide an overview of Investor-State arbitration in the context...more

A&O Shearman

Costs, damages and duration in investor-State arbitration

A&O Shearman on

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

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – February 2020

King & Spalding on

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

Akin Gump Strauss Hauer & Feld LLP

Potential treaty claims against the United Kingdom, whatever the result of the General Election

With the UK General Election on 12 December 2019 only days away, both of the leading parties are promising policies that in different ways may impact inward investors into the UK. Whether this is the rapid Brexit promised by...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

Sheppard Mullin Richter & Hampton LLP

Pursuing Parallel Arbitration Under A Bilateral Investment Treaty

For various reasons–including fairness, efficiency, and avoiding inconsistent results–courts and arbitration tribunals apply a range of procedural tools to discourage or prevent parties from pursuing multiple, separate...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

Snell & Wilmer

New NAFTA Creates Opportunities for North American Businesses

Snell & Wilmer on

The United States, Canada, and Mexico have reached an agreement to update the North American Free Trade Agreement (NAFTA) after more than a year of negotiations. Rebranded as the U.S.-Mexico-Canada Agreement, or USMCA, the...more

Skadden, Arps, Slate, Meagher & Flom LLP

The United States-Mexico-Canada Agreement Significantly Curtails Foreign Investment Protection

On September 30, 2018, the United States, Mexico and Canada announced they had reached an agreement to revamp the 24-year-old North American Free Trade Agreement (NAFTA), which now will be known as the United...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

McGuireWoods LLP

Energy and Finance Sectors Drive Growing International Arbitration Caseloads

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

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

A&O Shearman

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

A&O Shearman 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

Carlton Fields

District Court Confirms Arbitral Award Against Venezuela In Dispute Over Gold Deposits Contract

Carlton Fields on

A federal district court in Washington, D.C. recently confirmed a $1.2 billion arbitral award in favor of Crystallex International Corp. against Venezuela after the country’s Ministry of Environment denied a necessary permit...more

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