The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more
A recent jury verdict finding Chiquita Brands International ("Chiquita") responsible for deaths by a Colombia paramilitary group marked the first "bellwether trial" in a massive multidistrict litigation and is reported to be...more
The Situation: In February 2024, the International Bar Association ("IBA") updated its Guidelines on Conflicts of Interest in International Arbitration ("Guidelines"). The Guidelines provide detailed guidance for arbitrators...more
In October 2020, the Organization for Economic Co-operation and Development (“OECD”) Secretariat released a report addressing its “Pillar Two” blueprint for an overhaul of the international tax system. Pillar Two provides for...more
The recent District of Columbia District Court's decision against Lima demonstrates deference to arbitral tribunals....more
A recent Singapore International Commercial Court ("SICC") decision considered the extent to which an arbitral tribunal can exclude evidence after a specified date.
It is often said that arbitral tribunals are the masters...more
Since the 1990s, Latin American states have sought to attract large-scale foreign investment by implementing specific policies and regulatory regimes aimed at attracting investors from abroad. This trend has, however,...more
In Short -
The Background: On May 8, 2023, Mexico published several amendments to laws relating to the country's mining industry.
...more
REGULATORY ISSUES & UPDATES -
UK Introduces New Climate-Related Disclosure Regulations for UK Companies and LLPs -
The Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022 ("the...more
6/1/2022
/ Biden Administration ,
Climate Action Plan ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Energy Reform ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC)
Introduction -
Last year, Peru elected Pedro Castillo as its new President. As a candidate, President Castillo ran as a left-wing socialist from Peru's Marxist party, Perú Libre. His presidential campaign agenda was built...more
As climate change and energy transition play an increasingly important role in the decision-making of private and government entities, one issue is bound to become the focus of attention: Is there a potential conflict between...more
5/24/2022
/ Climate Action Plan ,
Climate Change ,
Energy Charter Treaty ,
Energy Policy ,
Energy Reform ,
Environmental Policies ,
Foreign Investment ,
Infrastructure ,
International Treaties ,
Paris Agreement ,
Pollution Control ,
UNFCCC
Last year, Mexico's President Andrés Manuel López Obrador ("AMLO") began a series of efforts aimed at reforming Mexico's electricity sector in a manner that would reverse the rights granted to private investors in 2013 (the...more
Why Are Investment Treaties Important?
Investment treaties are international legal instruments between two or more States that protect against property destruction in armed conflict, illegal expropriation, discrimination,...more
The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more
3/1/2022
/ Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
EU ,
Greenhouse Gas Emissions ,
Investment ,
Investor State Dispute Settlement (ISDS) ,
Net Zero ,
Real Estate Development ,
Regulatory Reform ,
Taxonomy
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
Latin America is experiencing a new wave of resource nationalism and government intervention, as more populists come to power spurred on by ideological shifts and indigenous movements....more
The North American Free Trade Agreement ("NAFTA") enables Canadian, Mexican, and U.S. investors to bring arbitrations against the Canadian, Mexican, and U.S. governments for violations of the treaty, including its guarantees...more
10/24/2018
/ Canada ,
Cross-Border Transactions ,
Dispute Resolution ,
Free Trade Agreements ,
Mexico ,
Most-Favored Nations ,
NAFTA ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies