Nota Bene Episode 70: Examining the USMCA: Is it Simply a Rebranded NAFTA? with Scott Maberry
Nota Bene Episode 66: Latin America Check In: What to Know About Doing Business in Mexico with Laura Nava and Alejandro Moreno
Compliance Report-International Edition, Doreen Edelman on Current State of NAFTA Negotiations
FCPA Compliance and Ethics Report-Episode 30-Interview with the FCPA Professor-Part 2
Could A US-EU Free Trade Deal Harm The WTO?
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
In Vento Motorcycles, Inc. v. Mexico, the Court of Appeal for Ontario set aside the award of an arbitral panel due to a reasonable apprehension of bias on the part of one panel member. In coming to its decision, the Court of...more
Dans l’affaire Clayton v. Canada (Attorney General), la Cour d’appel de l’Ontario (la « CAO ») a rejeté une tentative de faire annuler une sentence arbitrale pour des motifs liés à la compétence du tribunal arbitral et à...more
In Clayton v. Canada (Attorney General), the Ontario Court of Appeal dismissed an attempt to set aside an arbitral award on jurisdictional and public policy grounds, confirming that the grounds on which arbitral awards may be...more
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
The Ontario trial court has once again emphasized that an application to set aside an arbitral award under Article 34 of the Model Law is not to be used as an opportunity to reargue the merits of the claim. Under Article...more
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
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 Mexican President’s preferential Bill to Reform the Electricity Industry Law has passed both Houses of the Mexican Congress without changes and is now applicable law (the Reformed Electricity Law or the Law). As we...more
With a total of 54 cases filed, 2020 was a record year for cases filed under the ICSID Convention, and with a total of 72 treaty-based cases, an important year in general for Investor-State Arbitration. ...more
The WTO Appellate Body is gone, but WTO dispute settlement remains a viable mechanism for resolving trade irritants - On December 11, 2019, the United States succeeded in forcing the WTO Appellate Body to cease operations,...more
This is the fifth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...more
International commerce is undergoing a period of rapid, sometimes tumultuous, change. Globalisation has created new markets, new technologies, new competition and, with them, increased demand for effective mechanisms to...more
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
Earlier this month, Canada, Mexico, and the United States agreed to a new free trade agreement – the United States-Mexico-Canada Agreement (USMCA) – that will eventually replace the 1994 North America Free Trade Agreement...more
The United States, Canada, and Mexico have reached an agreement to update the North American Free Trade Agreement (NAFTA) after more than a year of negotiations. Rebranded as the U.S.-Mexico-Canada Agreement, or USMCA, the...more
On September 30, 2018, the United States, Mexico and Canada announced they had reached an agreement to revamp the 24-year-old North American Free Trade Agreement (NAFTA), which now will be known as the United...more
US Courts Will Decide Whether to Enforce US$2 Billion Award Against Petróleos de Venezuela - In April 2018, an International Chamber of Commerce (ICC) tribunal awarded US$2.04 billion in damages to two subsidiaries of U.S....more
Energy and Finance Sectors Drive Growing International Arbitration Caseloads - International arbitration case filings are surging and show no signs of letting up, according to recent reports from the world’s leading...more
In November 2017, S&P Global Ratings declared Venezuela in default after it failed to make a $200 million coupon payment on its sovereign bonds. Many saw this coming. Since 2014, the country has been mired in a recession that...more
On January 11, 2018, Mexico became the 162nd country to sign the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention or the Convention)....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
México es uno de los pocos países a los que se les ha autorizado adoptar medidas de retorsión en contra de los incumplimientos de sus socios comerciales, y que ha hecho uso de esa autorización....more
Mexico is one of the few countries that has been authorized to adopt retaliatory measures against noncompliance of its trading partners' obligations, and it has made use of this authorization....more
Información con énfasis en la Regulación Comercial y de Arbitraje Internacional - Durante el mes de marzo destacan los siguientes temas: Comercio, Acceso, Propiedad Intelectual, Inversión Extranjera, Arbitraje - ...more