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International Arbitration Foreign Investment Bilateral Investment Treaties

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

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

ArentFox Schiff

ICSID Releases Caseload Statistics for Record Year 2021

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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

Conyers

Enforcement of Investment Treaty Arbitration Awards in the BVI: Applicable Law and Rules

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The International Centre for Settlement of Investment Disputes (ICSID) is an international institution, created under the auspices of the World Bank, which is arguably the world’s leading international institution for the...more

K&L Gates LLP

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

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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

K&L Gates LLP

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

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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

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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

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

Hogan Lovells

Disputes against governments under investment treaties: a growing trend in the mining industry in 2020

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A commitment of capital in a foreign state, particularly with long-term profit horizons, can be a risky undertaking. When a host state harms a foreign company's investment, the domestic legal system may not provide an...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

Jones Day

COVID-19 and Investment Treaties: Balancing the Protection of Public Health and Economic Interests

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The Situation: Governments around the world are taking extraordinary measures to address the spread of COVID-19. Although many governments are attempting to strike a balance between the protection of public health and...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

Jones Day

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

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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

International Arbitration, Investment Protection and EU State Aid Rules: the General Court of the EU Annuls the European...

In a long-awaited ruling of June 18, 2019, the General Court of the EU (GCEU) annulled the European Commission’s State aid 2015 decision in the Micula case (joined cases T-624/15, T-694/15 and T-704/15). The factual...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

WilmerHale

Investment Disputes Arising From Regulatory Changes in Clean Energy

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This is the fifth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...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...

As detailed in an October 2, 2018, Skadden client alert, the United States’ efforts to revise the 25-year-old North American Free Trade Agreement (NAFTA) reached a milestone on September 30, 2018, when the U.S., Mexico and...more

White & Case LLP

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

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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

Jones Day

Singapore’s Highest Court Sets Aside Investment Treaty Award

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The Situation: A group of South African mining investors attempted to revive an investment treaty award by which the Kingdom of Lesotho was held liable for its role in disbanding the Tribunal of the Southern African...more

Snell & Wilmer

New NAFTA Creates Opportunities for North American Businesses

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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

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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

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