Life sciences globalization fuels new developments in international arbitration
On 30 July 2025, an ICSID tribunal chaired by Bernard Hanotiau and including Klaus Sachs and Charles Poncet as co-arbitrators issued an award unanimously dismissing all claims brought by Dutch businessman Bob Meijer against...more
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
On February 13th 2025, Supreme People’s Court of The People’s Republic of China (“PRC”) issued the Reply on Validity of Agreements by Hong Kong and Macao-Invested Enterprises Registered in Mainland Cities of the...more
Dans l’affaire Vento Motorcycles, Inc. v. Mexico (l« affaire Vento »), la Cour d’appel de l’Ontario (la « CAO ») a annulé une sentence prononcée par une formation arbitrale (la « sentence »), en raison d’une crainte...more
In Vento Motorcycles, Inc. v. Mexico, the Court of Appeal for Ontario set aside the award of an arbitral panel due to a reasonable apprehension of bias on the part of one panel member. In coming to its decision, the Court of...more
Over the last decade, India has taken significant steps to strengthen its arbitration law to help establish itself as a global hub for international arbitration and to provide greater certainty to investors regarding...more
The U.S. Supreme Court recently confirmed that foreign companies looking to enforce international arbitration awards have a powerful tool at their disposal: a U.S. statute targeting organized criminal activity. In Yegiazaryan...more
The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in...more
The International Centre for Settlement of Investment Disputes (ICSID) is an international institution, created under the auspices of the World Bank, which is arguably the world’s leading international institution for the...more
The COVID-19 pandemic has prompted many State actions in pursuit of the public interest, but while all States have faced this unprecedented global challenge with some degree of similarity, State responses have varied from one...more
Strategies to Collect International Arbitration Awards- One of the problems that parties to international arbitration face is that the opposing party may attempt to move its assets so that if an award it entered against...more
In 2018, the Court of Justice of the European Union (“CJEU”) rendered a judgment in the Achmea case, which has led to much controversy and concern in the European investor-state arbitration community. ...more
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
The International Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID) is a treaty aimed at encouraging and facilitating private foreign investments in developing countries,...more
Over the years, and following the general elections in 2019, the partnership between the United States and India has gone from strength to strength. U.S.-India bilateral trade surged to more than $142 billion in 2018, up 12.7...more
In a long-awaited ruling of June 18, 2019, the General Court of the EU (GCEU) annulled the European Commission’s State aid 2015 decision in the Micula case (joined cases T-624/15, T-694/15 and T-704/15). The factual...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
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
The Situation: A group of South African mining investors attempted to revive an investment treaty award by which the Kingdom of Lesotho was held liable for its role in disbanding the Tribunal of the Southern African...more
The topic of legal and regulatory issues affecting the trade finance market in Africa is extremely wide-ranging. The following therefore is intended merely to provide an overview of certain issues affecting the African...more
A recent California case may force companies doing business with foreign entities to reconsider—and maybe rewrite—their contracts. In Rockefeller Tech. Invs. (Asia) VII v. Changzhou Sinotype Tech. Co., No. B272170, 2018 WL...more
A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. In Rockefeller Technology Investments (Asia) VII v....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
The Situation: In November 2017, Robert Mugabe, the only leader Zimbabwe had known in 37 years, was ousted from power. The Development: Will this change in leadership usher in a new era of good governance and economic...more
On 22 June 2017, Skadden and Khaitan & Co hosted a seminar titled “Investment Trends in India” at the Institute of Directors in London. David Kavanagh QC, global co-head of Skadden’s International Litigation and...more