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
ICSID Tribunal Finds That Colombia Violated the Minimum Standard of Treatment but Did Not Indirectly Expropriate the Investment in Eco Oro v. Colombia - In September 2021, an International Centre for Settlement of Investment...more
3/2/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Bilateral Investment Treaties ,
Discovery ,
Dispute Resolution ,
ICSID ,
International Arbitration ,
Jurisdiction ,
Latin America ,
Office of Foreign Assets Control (OFAC)
Impact of COVID-19 on Cross-Border Disputes -
Cross-border disputes in the year 2020 are likely to be significantly impacted by the current outbreak of COVID-19, and disputes involving Latin America are no exception. The...more
5/18/2020
/ Arbitral Authority ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Corruption ,
Criminal Investigations ,
Cross-Border Transactions ,
Cuba ,
Dispute Resolution ,
Enforcement of Foreign Judgments ,
Federal Pleading Requirements ,
Helms-Burton Act ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
International Litigation ,
Latin America ,
Parallel Proceedings ,
SCOTUS ,
Signatures ,
Subcontractors ,
United States-Mexico-Canada Agreement (USMCA)
On December 5, 2018, Skadden hosted the webinar “Drafting International Dispute Resolution Clauses.” Topics included the importance of dispute resolution clauses, choosing between litigation and arbitration, drafting...more
1/21/2019
/ Arbitration Agreements ,
Best Practices ,
Confidential Communications ,
Contract Drafting ,
Contract Terms ,
Discovery ,
Dispute Resolution ,
Expert Witness ,
Forum Non Conveniens ,
International Arbitration ,
International Litigation ,
Jurisdiction ,
Litigation Strategies ,
Multi-Party Litigation ,
Non-Appealable Decisions ,
Pleading Standards ,
Question of Arbitrability ,
Service of Process ,
Venue
Courts in many countries, including the U.S., generally enforce contracts with clauses specifying international arbitration as the preferred avenue for resolving disputes. Accordingly, when drafting such provisions, due...more
Financial institutions have historically been skeptical about arbitration in the commercial context. As a result, the documentation used in commercial financial transactions has generally required that disputes be submitted...more