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U.S. Supreme Court to Consider Constitutionality of Federal Personal Jurisdiction Over Extraterritorial Acts

The U.S. Supreme Court will consider whether U.S. courts have personal jurisdiction over foreign defendants under the Promoting Security and Justice for Victims of Terrorism Act ("PSJVTA")....more

Second Circuit Denies Common-Law Sovereign Immunity for Foreign State-Owned Entities

The court held that the Executive Branch's decision to criminally prosecute a foreign state-owned entity for commercial activity is entitled to deference and thus strips the entity's immunity under common law....more

2024 Mexican Constitutional Reform Bill: Proposed Changes for Foreign Investors in the Electricity Sector

On February 5, 2024, President López Obrador sent the Reform Initiative to the Chamber of Deputies. This, in turn, was submitted to the United Commission of Constitutional and Energy Matters for review....more

D.C. Circuit Allows Challenge to Counsel's Authority to Enforce International Arbitration Award

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

U.S. Corporation Found Liable for Complicity in Human Rights Violations in Colombia

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

International Bar Association Releases Updated Guidelines on Conflicts of Interest

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

Dispute Resolution Under OECD’s “Pillar Two” 15% Global Minimum Tax Remains Unclear

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

U.S. District Court Upholds Two Arbitral Awards Against Lima

The recent District of Columbia District Court's decision against Lima demonstrates deference to arbitral tribunals....more

Chile’s New Mining Royalty Law: What It Means for Foreign Investors

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

Supreme Court Makes Civil RICO Available Against Fraudulent Domestic Efforts to Avoid International Arbitration Award Enforcement

The U.S. Supreme Court held that a foreign plaintiff can sue a domestic U.S. judgment-debtor under the Racketeer Influenced and Corrupt Organizations Act ("RICO") for the debtor's fraudulent domestic efforts to avoid...more

Mining Reform in Mexico: Principal Amendments, Effect, and Implications for Foreign Investors

In Short - The Background: On May 8, 2023, Mexico published several amendments to laws relating to the country's mining industry. ...more

U.S. Supreme Court Rules That the FSIA Does Not Grant Foreign State-Owned Entities Immunity From Prosecution

The Court held that the Foreign Sovereign Immunities Act ("FSIA") does not apply to criminal prosecutions, but left open the possibility that instrumentalities of foreign states may have common law immunity from prosecution....more

Chile’s Proposed Constitutional Changes to Natural Resource Rights Could Have Devastating Effects on Foreign Investors: How Can...

Chile is currently considering a new Constitution—due to be put to a referendum in September—and foreign investors should be aware of its potential impact on their investments in the country. The proposed changes in the draft...more

The Climate Report | Second Quarter 2022

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

Peru's Struggle to Balance Foreign Investors' Rights and Local Communities' Demands

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

Energy Transition and Climate Change Treaties

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

Legislative Setback to Electrical Reform in Mexico. New Target: Lithium

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

Companies With Investments and Businesses in Ukraine and Russia: The Importance of Investment Treaties

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 Climate Report | First Quarter 2022

The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more

Climate Change and Investor-State Dispute Settlement

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

Another Sweeping Wave of Resource Nationalism in Latin America: How to Protect Your Investment

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

2021 Mexican Constitutional Reform Bill: Proposed Changes for Foreign Investors in the Electricity Sector

On September 30, 2021, Mexican President Andrés Manuel López Obrador sent the Reform Initiative to the House of Representatives and the United Commission of Constitutional and Energy Matters for review and plenary voting....more

Second Circuit Confirms 28 U.S.C. § 1782 Discovery for Investor-State Arbitration

On July 15, 2021, the Second Circuit reinforced the availability of § 1782 discovery to most investor-state arbitrations. In The Application of the Fund for Protection of Investor Rights, the court held that an investment...more

June Elections in Peru and Mexico Raise Specter of Further Threats to Foreign Investments

The Situation: The front-runner in Peru’s Presidential run-off election, Pedro Castillo, has vowed to extract substantially more in payments from mining companies, renegotiate tax stabilization agreements, or potentially even...more

European Super League: Threatened Government Backlash Created Winners and Losers

The Situation: The European Super League faced significant criticism when it was announced on 18 April 2021. Some governments in Europe—particularly the United Kingdom—even threatened new laws intended to target the new...more

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