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Arbitration Investment 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

White & Case LLP

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

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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

ArentFox Schiff

ICSID Releases Its 2024 Annual Report: Second-Highest Caseload in History and Membership Expansion

ArentFox Schiff on

On October 25, the International Centre for Settlement of Investment Disputes (ICSID) released its 2024 Annual Report, which highlights significant trends and statistics in ICSID’s cases during the fiscal year ending on June...more

White & Case LLP

On Colombia’s Threatening Rhetoric against ICSID Arbitration and Implications for Foreign Investors

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Since the election of President Gustavo Petro, Colombia’s executive has repeatedly proposed structural reforms that undermine foreign investment across sectors, reflecting a worrisome trend across Latin America. Despite...more

White & Case LLP

Investing in India - From challenges to solutions

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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 million. Fuelled by improved...more

Hogan Lovells

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

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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

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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

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

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

Conyers on

In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

White & Case LLP

Latin America Focus - Fall 2023

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As we embark on our third year of Latin America Focus, the ever-evolving landscape in the region brings fresh opportunities and challenges for local, regional and international businesses. After an extremely positive...more

White & Case LLP

Energy Transition and the Modernized Energy Charter Treaty

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In June 2022, the Contracting Parties to the Energy Charter Treaty ("ECT") announced an agreement in principle on the text of a modernized treaty. This modernization may have material consequences for state regulation and...more

Jones Day

Predicted Rise in Climate-Related Investment Arbitration Claims on the Horizon

Jones Day on

Recent years have seen a steady increase in so-called "ESG" claims—i.e., those claims relating to environmental, social, or governance factors. A particular focus of this type of litigation has concerned climate change, with...more

UB Greensfelder LLP

When It Comes To GPB, FINRA Looks At Things Quite Differently Than The SEC And The DOJ

UB Greensfelder LLP on

Among the criticisms I have leveled against FINRA are (1) that it is increasingly acting like a claimant’s arbitration attorney, by taking every possible opportunity to blame member firms for losses incurred by investors when...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

Jones Day

Second Circuit Confirms 28 U.S.C. § 1782 Discovery for Investor-State Arbitration

Jones Day on

On July 15, 2021, the Second Circuit reinforced the availability of § 1782 discovery to most investor-state arbitrations. In The Application of the Fund for Protection of Investor Rights, the court held that an investment...more

King & Spalding

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

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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

A&O Shearman

Wide interpretation of “investment” and “investor” in bilateral investment treaty

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The High Court rejected an application by the Republic of Korea to set aside an investment arbitration award under s67 Arbitration Act 1996. In deciding that the arbitrators had substantive jurisdiction, Butcher J scrutinised...more

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