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International Arbitration Sovereign Immunity

Hogan Lovells

Hong Kong to adopt landmark change to state immunity from start of next year

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It is anticipated that as of 1 January 2024, Hong Kong will follow the PRC in making a significant change to its concept of “sovereign” or “state” immunity which further enhances Hong Kong’s reputation as a dispute resolution...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

White & Case LLP

Challenge to the court's jurisdiction on the grounds of state immunity: confirmation of the English court's powers under s103(5)...

White & Case LLP on

In its recent decision in (1) Hulley Enterprises Limited, (2) Yukos Universal Limited, (3) Veteran Petroleum Limited v The Russian Federation,1 the High Court concluded that where a party has challenged the jurisdiction of...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

Skadden, Arps, Slate, Meagher & Flom LLP

"PEMEX and US Enforcement of Foreign Arbitration Awards Nullified in Their 'Home' Courts"

One of the benefits of using arbitration to resolve international disputes is the availability of worldwide mechanisms to enforce an arbitral award. For example, the 1958 New York Convention on the Recognition and Enforcement...more

Latham & Watkins LLP

International Arbitration Newsletter - July 2016

Latham & Watkins LLP on

Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more

BakerHostetler

Iran's World Court Case Against the United States May Impact Investment Arbitration

BakerHostetler on

On June 14, 2016, the Islamic Republic of Iran sued the United States of America in the International Court of Justice (also known as the “World Court” or the “ICJ”) in the Hague, alleging that the U.S. government had...more

BakerHostetler

D.C. Circuit Further Restricts the Scope of Foreign Sovereign Liability for Acts of State-Owned Companies

BakerHostetler on

Those doing business with foreign governments would be wise to adhere to the dictate of caveat venditor: seller beware. Cross-border “government” contracting often involves doing business not directly with the sovereign...more

Dorsey & Whitney LLP

Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia: Permanent Court of Arbitration Tribunal Publishes...

Dorsey & Whitney LLP on

The Permanent Court of Arbitration (“PCA”) has just released the full award of the Tribunal in Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia, which was rendered in late 2015. We previously published...more

Dorsey & Whitney LLP

US CHINA TRADE WAR–DEVELOPMENTS IN TRADE POLICY, TRADE, PRODUCTS LIABILITY, 337/IP ANTITRUST AND SECURITIES

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TRADE POLICY - TPP RUNS INTO HEADWINDS - As predicted in past blog posts, on December 28, 2015, the Wall Street Journal reported that the US Election Debate was complicating the passage of the Trans Pacific...more

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