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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
On June 1, 2025, the Texas legislature passed HB 40, and Governor Greg Abbott signed it on June 21, 2025. The new law helps further define the jurisdiction of Texas’s Business Courts, originally established in 2023. This is...more
Economic damages are seen as the Holy Grail of any international arbitration. The amount of compensation for financial losses is the ultimate goal of the Claimant, who seeks to be compensated for the damages suffered, but...more
The Republic of Kazakhstan, having vast reserves of natural resources and being located at the intersection of Europe and Asia, competes for investments in the region. As such, and as laid out in this article, the government...more
One of the most notable reforms is the new default rule that, in the absence of an express agreement between the parties on the law governing the arbitration agreement, it is the law of the seat that applies. The Act states...more
The concept of free trade has taken on increased relevance in recent weeks for Canadian businesses and consumers. To counteract potential international tariffs connected to the flow of goods into and out of the American...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
Mining is a capital-intensive and long-term activity that often involves operating in challenging and uncertain environments. As a foreign investor in the mining sector, you may face various risks, such as expropriation,...more
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
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
A landmark victory was obtained on behalf of Frontier Holdings Ltd (FHL), against Petroleum Exploration (Pvt) Ltd (PEL) in proceedings before the Singapore International Commercial Court (SICC)....more
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
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
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
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
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
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
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
We are keeping an eye on the progress of the reform of the English Arbitration Act 1996. The Arbitration Bill, first introduced in November 2023, was designed to update the Arbitration Act 1996 and reinforce England’s...more
Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more
Deep-sea mining activities on the seabed and ocean floor beyond national waters are a risky and capital-intensive venture. The unpredictability of little-known ecosystems and environmental impacts translate into regulatory...more
With its recent decision in Coinbase Inc. v. Suski, the U.S. Supreme Court held that when parties have agreed to two separate contracts, one sending arbitrability disputes to arbitration and the other sending arbitrability...more
A new decision may cut back on attempts by third-party litigation lenders to control settlements. Earlier this month, the U.S. District Court for the District of Minnesota refused to permit the substitution of a legal...more
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
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