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Foreign Investment Investor State Dispute Settlement (ISDS)

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

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

White & Case LLP

Investment treaty protection: How to safeguard foreign investments in Africa

White & Case LLP on

Prudent African investors—and investors within Africa—can ensure that their foreign investments are protected from wrongful conduct that the state and its organs can inflict. ...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

BakerHostetler

Peppa Pig Can't Fly: Russia's Retaliatory Expropriation of Foreign Property Has Started

BakerHostetler on

The crippling economic sanctions the West imposed in response to Russia’s invasion of Ukraine have led to Russian retaliation. Russia’s symbolic sanctions of President Biden and Canadian Prime Minister Justin Trudeau may get...more

Bracewell LLP

Five Take-Aways From Bracewell Seminar on the Strategic Use of International Arbitration and Mexico

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International arbitration, when available and used strategically, adds leverage, especially in dealing with a government. Qualifying foreign investors in Mexico affected by the changes in the regulatory environment promoted...more

Jones Day

Climate Change and Investor-State Dispute Settlement

Jones Day on

Climate change litigation is often viewed by companies as a risk. However, it is also an opportunity—if brought in the right forum—for companies exposed to certain climate-related government measures to vindicate their...more

K&L Gates LLP

HUB Talks: Pandemic-Related Investor-State Arbitration - Part Three of a Three-Part Series

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In the final part of this three-part series podcast, partners Raja Bose, Ian Meredith, Matt Weldon, and associates Robert Houston and Hena Sial discuss the pandemic-related claims and concerns a Host State may have, such as...more

K&L Gates LLP

HUB Talks: Pandemic-Related Investor-State Arbitration - Part Two of a Three-Part Series

K&L Gates LLP on

In the second part of this three-part series podcast, partners Raja Bose, Ian Meredith, and Matt Weldon, along with associate Robert Houston, discuss the scope for, and how investors might be able to recognize, potential...more

K&L Gates LLP

HUB Talks: Pandemic-Related Investor-State Dispute Settlement - Part One of a Three-Part Series

K&L Gates LLP on

In the introductory episode of this three-part series, partners Raja Bose, Ian Meredith, and Matt Weldon, along with associates Ed Brown-Humes and Rob Houston, provide an overview of Investor-State arbitration in the context...more

Holland & Knight LLP

Project Finance Protected as Foreign Investment in Investor-State Arbitration in Mexico

Holland & Knight LLP on

A decision rendered on Aug. 20, 2020, by an investor-state dispute settlement (ISDS) tribunal in the Portigon AG v. Kingdom of Spain arbitration (ICSID Case No. ARB/17/15) is welcome news for investment funds and banks active...more

Holland & Knight LLP

Compensation in Investor-State Disputes: How Much Can an Investor Claim?

Holland & Knight LLP on

Foreign investors currently benefit from a large number of bilateral treaties and trade agreements, which contain investment protection provisions such as protection against direct and indirect expropriation, a guarantee...more

Jones Day

COVID-19 and Investment Treaties: Balancing the Protection of Public Health and Economic Interests

Jones Day on

The Situation: Governments around the world are taking extraordinary measures to address the spread of COVID-19. Although many governments are attempting to strike a balance between the protection of public health and...more

Jones Day

Renegotiation of Existing BITs by the Netherlands May Directly Affect Current Investments

Jones Day on

The Situation: The Netherlands has 79 bilateral investment treaties ("BITs") in place with non-EU countries. On March 22, 2019, the Dutch government published a new model BIT ("2019 Model") as a template for negotiating new...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America...

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

White & Case LLP

The CPTPP Enters into Force: What Does it Mean for Global Trade?

White & Case LLP on

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) entered into force on December 30, 2018. The Agreement will significantly impact trade among its ratifying Parties—currently including...more

Holland & Knight LLP

New Mexico-EU Trade Agreement Sets Rules on Investor-State Dispute Settlement

Holland & Knight LLP on

• The European Union (EU) Commission and the Mexican Ministry of Economy published in April 2018 the negotiated text of the modernized EU-Mexico Free Trade Agreement (FTA), although it is not expected to take full effect...more

Holland & Knight LLP

U.S. Investors Face Possible Loss of Investment Treaty Arbitration Under NAFTA - A Look at the Potential Risks for Foreign...

Holland & Knight LLP on

• The survival of investment treaty arbitration under the North American Free Trade Agreement (NAFTA) renegotiation process is at a critical point. • An agreement in principle, which could be announced soon, potentially...more

Holland & Knight LLP

Boletín Mensual de Comercio Internacional: Septiembre - Información con énfasis en la Regulación Comercial y de Arbitraje...

Holland & Knight LLP on

Durante el mes de Septiembre destacan los siguientes temas: Contenido Nacional, Comercio, Inversión Extranjera, Normalización, Competencia, Medio Ambiente, Subvenciones, Prácticas Desleales, Servicios Transporte Aéreo, ISDS....more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – September 2016

King & Spalding on

A Sleeping Sword – Protection for Japanese Corporations Investing Outside of Japan - A Guide to International Investment Agreements - Introduction - Over the past twenty years, International Investment...more

BCLP

International Investment Arbitration in the Middle East: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

BCLP

International Investment Arbitration in North America: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

BCLP

International Investment Arbitration in Latin America: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

BCLP

International Investment Arbitration in Europe: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

BCLP

International Investment Arbitration in the Commonwealth of Independent States: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

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