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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
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
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
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
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
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
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
The globalization of business streams has led to the rise of groups of potential claimants with similar cross-border claims, such as claims related to products or services offered on a global basis, mass disasters or economic...more
IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance ...more