This edition offers insights regarding COVID-19 ’s impact on mergers and acquisitions and on construction projects, recent changes to International Chamber of Commerce rules, and developments relating to discovery in aid of...more
3/2/2021
/ 28 U.S.C. § 1782 ,
Acquisitions ,
Bilateral Investment Treaties ,
Construction Project ,
Corporate Counsel ,
Discovery ,
Dispute Resolution ,
Foreign Arbitral Awards ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
International Construction Projects ,
Latin America ,
Material Adverse Change Clauses (MACs) ,
Mergers ,
UNCITRAL
A growing number of cases in which private parties are seeking enforcement of very large arbitration awards are percolating through the U.S. courts. These awards emanate both from tribunals seated in the United States (where...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 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
Despite recent criticism from some quarters concerning the use of investment treaties and free trade agreements, the Chinese investment treaty system remains firmly in place. Since 1982, the People's Republic of China (PRC)...more
2/6/2017
/ Bilateral Investment Treaties ,
China ,
Expropriation ,
Hong Kong ,
ICSID ,
International Arbitration ,
International Litigation ,
Investor Protection ,
Jurisdiction ,
Macau ,
Singapore ,
UNCITRAL
A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more
10/13/2016
/ Arbitration Awards ,
Arbitrators ,
Argentina ,
Bilateral Investment Treaties ,
Conflicts of Interest ,
Corporate Counsel ,
Evidence ,
Federal Arbitration Act ,
Impartiality ,
International Arbitration ,
Investors ,
Motion to Vacate ,
Standard of Review ,
UK ,
UNCITRAL ,
Young Lawyers