JAMS neutrals discuss how to navigate international arbitration in the states In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss...more
As discussed in Part I of this two-part series, Russia has imposed sweeping economic measures in response to the international sanctions imposed by other States on Russia for its invasion of Ukraine. Those economic measures...more
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
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
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
In Slovak Republic v. Achmea B.V. (Achmea), the European Court of Justice (ECJ) ruled that the existence of an independent arbitral tribunal established under a bilateral investment treaty (BIT) between EU Member States is...more
In what may very well become known as one of the last significant acts signed off by former President Jacob Zuma, the International Arbitration Act No.15 of 2017 ("the Act") came into effect on 20 December 2017....more
On 21 April 2017, the International Arbitration Bill (the Bill) was tabled in the South African Parliament for discussion. The Bill is intended to incorporate the Model Law of the United Nations Commission on International...more
On July 15, Mexico auctioned 14 shallow-water exploration blocks. The auction marked the first time in nearly eight decades that private and foreign investors could directly participate in Mexico's exploration and production...more
Bilateral Investment Treaties (BITs) afford investors a series of guarantees against expropriation or unfair treatment of investments in foreign jurisdictions. They also typically allow investors to enforce those rights...more
President Robert Mugabe of Zimbabwe, who has been in power since 1980, was re-elected to another term on July 31, 2013. On August 6, 2013, the government announced plans to seize control of foreign-owned mining interests,...more
Over the last 20 years, bilateral investment treaties (BITs) have provided foreign investors with basic safeguards against expropriation and related risks and guarantee the right to bring claims before a neutral arbitral...more