In the inaugural issue of this newsletter, we examine significant developments, court rulings and trends to watch in Africa, Asia, Europe, Latin America, the Middle East and the United States....more
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
2/11/2019
/ Arbitration Awards ,
Argentina ,
Bilateral Investment Treaties ,
Bolivia ,
Border Disputes ,
Brazil ,
Chile ,
Dispute Resolution ,
Ecuador ,
Enforcement of Foreign Judgments ,
Extraterritoriality Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Free Trade Agreements ,
Guatemala ,
ICSID ,
International Arbitration ,
International Court of Justice (ICJ) ,
Investor Protection ,
Investor State Dispute Settlement (ISDS) ,
Latin America ,
Manifest Disregard ,
Most-Favored Nations ,
NAFTA ,
Service of Process ,
Spain ,
UNCITRAL ,
United States-Mexico-Canada Agreement (USMCA) ,
Uruguay
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
10/3/2018
/ Bilateral Investment Treaties ,
Canada ,
Expropriation ,
Foreign Investment ,
International Arbitration ,
Investor Protection ,
Investors ,
Mexico ,
Most-Favored Nations ,
NAFTA ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
US Courts Will Decide Whether to Enforce US$2 Billion Award Against Petróleos de Venezuela -
In April 2018, an International Chamber of Commerce (ICC) tribunal awarded US$2.04 billion in damages to two subsidiaries of U.S....more
7/13/2018
/ Affiliates ,
Alien Tort Statute ,
Animal Science Products Inc v Hebei Welcome Pharmaceutical Co Ltd ,
Antitrust Violations ,
Application of Foreign Laws ,
Bonds ,
Brazil ,
Breach of Contract ,
China ,
Class Action ,
ConocoPhillips ,
Corporate Liability ,
Cross-Border Transactions ,
Cybersecurity ,
Damages ,
Discrimination ,
Dispute Resolution ,
Foreign Corporations ,
Foreign Investment ,
ICSID ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
International Litigation ,
Investment Opportunities ,
Jesner et al. v. Arab Bank ,
Joint Protocols ,
Judicial Deference ,
Latin America ,
Mexico ,
NAFTA ,
Oil & Gas ,
One Belt One Road (OBOR) ,
Petrobras ,
SCOTUS ,
Securities Fraud ,
Securities Litigation ,
Venezuela
On January 11, 2018, Mexico became the 162nd country to sign the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention or the Convention)....more
On June 1, 2017, Skadden hosted the webinar “Minimizing Risks and Maximizing Opportunities in China-Latin America Investment.” Topics of discussion included the increasing importance of Chinese investment in Latin America,...more
7/21/2017
/ Bilateral Investment Treaties ,
Brazil ,
China ,
Dispute Resolution ,
Environmental Policies ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Hong Kong International Arbitration Centre (HKIAC) ,
International Arbitration ,
Joint Venture ,
Latin America ,
Natural Resources ,
Risk Mitigation
The Continuing Rise of Chinese Investment in Latin America -
Chinese investment and transactions in Latin America exceeded US$125 billion in the last decade, and China is expected to continue to be a key player in Latin...more
6/21/2017
/ Arbitration ,
China ,
Colombia ,
Cross-Border Transactions ,
Discovery ,
Dispute Resolution ,
Foreign Investment ,
Hague Convention ,
International Litigation ,
Latin America ,
Personal Jurisdiction ,
Service of Process ,
Water Splash v Menon
On February 6, 2017, Skadden hosted the webinar “Minimizing Risks and Maximizing Opportunities in China-Latin America Investment.” Topics of discussion included the increasing importance of Chinese investment in Latin...more
3/1/2017
/ Anti-Corruption ,
Bilateral Investment Treaties ,
Buyers ,
China ,
CIETAC ,
Dispute Resolution ,
Foreign Investment ,
Hong Kong International Arbitration Centre (HKIAC) ,
International Arbitration ,
Joint Venture ,
Latin America ,
New York Convention ,
Outbound Transactions ,
Risk Mitigation ,
Sellers
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
On November 5, 2015, after seven years of high-stakes negotiations, the Office of the United States Trade Representative released the draft Trans-Pacific Partnership (TPP), a proposed free trade agreement among the United...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