News & Analysis as of

Arbitration International Arbitration Investors

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
J.S. Held

The Enforceability of Sovereign Awards from the Perspective of an Asset Tracer

J.S. Held on

When award creditors for investor-state arbitrations think of an asset tracer’s arsenal of tools for enforcement of their awards, they may immediately think of chasing assets held by the state such as high-value properties, a...more

WilmerHale

English Court of Appeal holds that transnational issue estoppel applies in determining issues under State Immunity Act - Hulley...

WilmerHale on

The concept of transnational issue estoppel is well established under English law. Until recently, English courts had not yet had occasion to consider whether transnational issue estoppel could apply in the context of the...more

White & Case LLP

Shifting Sands: How New Interpretations Could Reshape U.S.-Colombian Investments

White & Case LLP on

U.S.-Colombian relations are currently experiencing a period of heightened tension, as evidenced by recent trade measures and diplomatic exchanges. Moreover, in the last weeks the Free Trade Commission (the "Commission") of...more

Faegre Drinker Biddle & Reath LLP

New Interpretation of the Investment Chapter of the U.S.-Colombia Trade Promotion Agreement Will Make It Harder for Investors to...

Amid the flurry of expected international trade actions by the second Trump administration, the outgoing Biden White House reached a significant (but overlooked) agreement of its own to curtail investor-state dispute...more

Hogan Lovells

Mining in Africa: Navigating risk amidst the wave of political change

Hogan Lovells on

The global energy transition means that demand for critical materials and minerals is on the rise. With significant quantities of the world’s metals and minerals located in Africa, mining companies must operate in a dynamic...more

A&O Shearman

Blood, BITs, and Arbitration: English High Court pours cold water on Czech Republic’s outstanding ss.67 and 68 challenges to...

A&O Shearman on

The judge provided further guidance on the English court’s approach to jurisdictional issues, finding on this set of facts that the UNCITRAL tribunal had properly exercised its jurisdiction in rendering its award. This post...more

White & Case LLP

Keeping up with the times: The Government of India proposes new arbitration law reforms

White & Case LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

The India-UAE Bilateral Investment Treaty: A Step in the Right Direction?

I. INDIA’S HISTORY WITH BILATERAL INVESTMENT TREATIES 1. Bilateral investment treaties (“BITs”) are agreements between countries that provide protections to investors from one state investing in the other (the “host...more

Vinson & Elkins LLP

A(nother) Turning Point for Intra-EU ECT Disputes?

Vinson & Elkins LLP on

Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more

Mayer Brown

Honduras Denounces the ICSID Convention; Investors with Potential Claims Should Quickly Analyze Their Options

Mayer Brown on

Honduras denounced the ICSID Convention via a written notice received by the World Bank on February 24, 2024. Under Article 71 of the ICSID Convention, such denunciations take effect six months from the date of receipt of the...more

Hogan Lovells

Tour d’horizon des réformes récentes du secteur minier et de la protection des investissements en Afrique

Hogan Lovells on

Au cours de ces dernières années, plusieurs États africains ont mis en œuvre des réformes d’ampleur de leurs régulations minières, aboutissant notamment à l'imposition d'exigences réglementaires accrues sur les acteurs de ce...more

Hogan Lovells

Update of reforms to the mining sector and investment protection in Africa

Hogan Lovells on

In the past few years, several African States have implemented wide-ranging reforms to their mining sector, which have resulted in the imposition of increased regulatory requirements on actors as well as, in some instances,...more

White & Case LLP

Investing in India

White & Case LLP on

What a difference a decade can make! Since the publication of our first report, "Navigating India: Lessons for Foreign Investors," in 2013, India has undergone a remarkable transformation. The country’s population grew by 100...more

Jenner & Block

English Court Thwarts Spain’s Latest Attempt to Resist Enforcement of ECT Awards

Jenner & Block on

Some readers will be familiar with the many claims made against Spain for the alleged violation of its obligations to foreign investors under the Energy Charter Treaty (the ECT). In May 2023, the English Commercial Court...more

Hogan Lovells

Investors must act quickly or forfeit their rights to claims under soon expiring NAFTA Chapter 11

Hogan Lovells on

North American Free Trade Agreement (NAFTA) Chapter 11 investor-state dispute settlement (ISDS) legacy claims will soon expire and U.S., Canadian, and Mexican investors should review their investments and ascertain whether...more

Shook, Hardy & Bacon L.L.P.

The 2022 ICSID Amendments: Key Strategic Considerations for Parties

Investor-State arbitration is designed to protect investors from unfair conduct by foreign governments. The quintessential example of a violation is an unlawful factory expropriation (e.g., a State taking over an oil refinery...more

Latham & Watkins LLP

Green Power and the Protections of Intra-EU Energy Investment

Latham & Watkins LLP on

The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more

Cooley LLP

Investment Treaties Could Provide Remedy For Russia’s Unlawful Seizure of Foreign Assets

Cooley LLP on

As Reuters recently reported, Russia is preparing a new law that will allow it to seize the local businesses of Western companies that have left or suspended operations in Russia due to the invasion of Ukraine. Affected...more

Hogan Lovells

Amendments to ICSID Rules set to come into effect on July 1, 2022

Hogan Lovells on

Learn more about the changes to improve transparency and efficiency in the amended ICSID Rules, which go into effect July 1, 2022.  Approved by the ICSID Administrative Council on March 21, 2022, the amended ICSID Rules will...more

A&O Shearman

The First ICSID Flagship Amendments

A&O Shearman on

The first amendments to the ICSID Rules since 2006 will be available for use from July 2022 onward, bringing greater transparency to the process and offering clearer guidance on key issues such as allocation of costs and...more

ArentFox Schiff

ICSID Releases Caseload Statistics for Record Year 2021

ArentFox Schiff on

On February 7th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published the latest edition of its Caseload Statistics, confirming the strong demand for ICSID Arbitration despite challenges...more

A&O Shearman

Structuring investments in 2022: time to rethink

A&O Shearman on

A number of factors have led to a more uncertain environment for infrastructure investment globally as we move into 2022. ...more

K&L Gates LLP

The Cost-Benefit Analysis of Pursuing Investor-State Arbitration in a Post-Pandemic World

K&L Gates LLP on

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

A&O Shearman

Costs, damages and duration in investor-State arbitration

A&O Shearman on

The study examines over 400 investor-State dispute settlement (ISDS) cases conducted under ICSID, UNCITRAL and other arbitration rules and over 70 ICSID annulment decisions. It provides a comprehensive analysis of how long...more

King & Spalding

Paris Court of Appeal Addresses Constitution of Tribunal in OIC Investment Arbitration

King & Spalding on

On March 23, 2021, the Paris Court of Appeal issued a decision with important ramifications for investors pursuing arbitration under the Agreement for the Promotion, Protection and Guarantee of Investments Among Member States...more

34 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide