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The Art of International Arbitration – October 2019 Pepper Conference Preview
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In November 2024, in the first successful private cause of action under the Anti-Foreign Sanctions Law (AFSL), a Chinese court adjudicated a civil claim by a Chinese company against its overseas customer for failure to pay...more
An overwhelming majority (87%) of respondents continue to choose international arbitration to resolve cross-border disputes, either as a standalone mechanism (39%) or with Alternative Dispute Resolution (ADR) (48%). There has...more
The Russia-Ukraine ceasefire and peace negotiations remain uncertain, the European Union and United Kingdom are considering more sanctions against Russia, and the US administration’s next steps are unclear. Anticipating...more
In an increasingly interconnected world, staying ahead of legal and regulatory developments across borders is critical. Our team of experienced attorneys advises on complex cross-border matters involving corporate...more
AT A GLANCE - It is important for foreign investors with assets and operations in Russia to know the options available to them and how different options may impact their investment protection and chances of bringing...more
Welcome to the January 2025 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the...more
The wave of Russian sanctions imposed since the invasion of Ukraine has led to counter measures by the Russian state which are now having significant practical consequences for parties caught up in disputes with Russian...more
The Swedish Court of Appeal (Court) has requested a preliminary ruling from the Court of Justice of the European Union (CJEU) to clarify the effect and scope of Russia-related sanctions. The anticipated ruling by the CJEU...more
The Russian Supreme Court has denied the enforcement of an arbitral award issued by a tribunal seated in London, on the grounds that the arbitrators’ nationalities were “unfriendly”. This is the latest example of Russian...more
PART 4: JURISDICTIONAL BATTLEGROUND IN DISPUTES WITH SANCTIONED RUSSIAN PERSONS - In a wave of recent decisions, including in proceedings involving a number of Western banks, the Russian courts have disapplied the...more
It is not uncommon for parties to agree that certain disputes should be referred to an expert for determination. However, when those disputes arise, the parties may disagree about the scope of the exercise to be carried out...more
In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more
Welcome to the 39th Edition of Arbitration World, a publication from K&L Gates’ International Arbitration practice group highlighting significant developments and issues in arbitration for executives and in-house counsel ...more
Implications for the Enforcement of Investor-state Arbitration Awards Arising From the Application of International Sanctions Against Russia - On 30 March 2023, the International Court of Justice (ICJ) issued its judgment in...more
The global energy and commodity sectors face unprecedented uncertainty. Increased global demand, coupled with supply chain constraints triggered by Russia's invasion of Ukraine, and China's COVID-19 restrictions and its...more
In what some may regard as a surprising outcome, the English Court of Appeal has held that a force majeure clause was not triggered because the affected party could have accepted performance that was not in accordance with...more
The United Kingdom’s Office of Financial Sanctions Implementation (OFSI) has granted the London Court of International Arbitration (LCIA) a General Licence allowing it to process payments from designated parties (DPs) who are...more
With the continuing exit and suspension of operation of foreign entities in Russia, Russian State authorities are exploring retaliatory measures, including a regime for the nationalisation and forced sale of foreign assets. ...more
While the most important impact of the Russian invasion of Ukraine is unquestionably the humanitarian crisis it has created, the longer-term need for economic recovery in affected areas and the resulting need for a return to...more
Potential Remedies for Russia’s Suspension of Foreign Investors’ Intellectual Property Rights: International Investment Arbitration - Foreign investors in Russia may have remedies pursuant to international investment...more
Russia recently announced its Economic Development Ministry has drafted legislation to prevent the exodus of international businesses from Russia by nationalizing them. The Putin-backed proposed bill would allow the...more
Recent news reports out of Russia have advised that it may expropriate or nationalize assets of foreign investors. Investors should be aware that such actions may breach bilateral or multilateral treaties that include...more
In a geopolitically significant case, the English High Court opined on important provisions of the EU sanctions regime. The judgment of the English High Court in Ministry of Defence & Support for Armed Forces of the...more
NAFTA’s Future Looks Increasingly Uncertain - The United States, Mexico and Canada have now completed the fifth round of negotiations concerning the renegotiation of NAFTA, and the future of the treaty is looking...more