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Bilateral Investment Treaties Foreign Investment

Hogan Lovells

Japanese investment in Africa: opportunities and risks in a dynamic political landscape

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Japanese investment in Africa is gaining momentum, particularly in the mining and energy sectors. Diplomatic visits by Japanese leaders in 2023 and 2024 highlight this renewed commitment, emphasising the mutual benefits...more

Skadden, Arps, Slate, Meagher & Flom LLP

The India-UAE Bilateral Investment Treaty: A Step in the Right Direction?

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

IR Global

Geopolitical climate - Chapter Three - The Visionaries

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Elections and government changes bring new policies that impact businesses’ strategic planning, while economic stress influences M&A trends and growth strategies....more

McDermott Will & Emery

International News: Spotlight on Foreign Investment

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In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more

Hogan Lovells

Foreign investors should consider treaty protections when structuring their investments abroad

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Investors seeking to invest abroad – including investment funds – should safeguard and strengthen their investments by considering treaty protections. Investment Treaties can provide foreign investors access to substantive...more

ArentFox Schiff

ICSID Releases 2022 Caseload Statistics: An Analytical Review and Prognosis of Investment Disputes Post-COVID-19

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On January 30, 2023, the International Centre for Settlement of Investment Disputes (ICSID) published its Caseload Statistics for the 2022 calendar year. The Caseload Statistics can be found here, and ICSID’s accompanying...more

White & Case LLP

Africa and the Gulf States herald a new era in trade and investment relations

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Strong diplomatic and economic ties have long existed between the Gulf Cooperation Council (GCC) states and North Africa but there are other levers at play for deepening economic relations....more

White & Case LLP

Investment treaty protection: How to safeguard foreign investments in Africa

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Prudent African investors—and investors within Africa—can ensure that their foreign investments are protected from wrongful conduct that the state and its organs can inflict. ...more

White & Case LLP

NAFTA’s Sunset Period Will End in June 2023 and Claims Must Be Notified Earlier, in Some Cases by Year-End 2022 – NAFTA Investors...

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State conduct may adversely affect foreign investors and their investments.  Investors protected under international investment treaties may bring arbitration proceedings against States in those cases, seeking financial...more

White & Case LLP

Another Step Forward: Enforcement of English Court Judgments in the UAE

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On 13 September 2022, the UAE Ministry of Justice issued a directive which confirms that judgments issued by the English Courts can be enforced by the UAE Courts under the principle of reciprocity (the "Directive"). The...more

Vinson & Elkins LLP

A New Model Bilateral Investment Treaty for African States

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On 12 July 2022, the Africa Arbitration Academy (AAA)1 launched the Bilateral Investment Treaty (BIT) for African States (AAA Model BIT). The AAA Model BIT aims to balance two objectives: the attraction of Foreign Direct...more

K&L Gates LLP

Between a Rock and a Hard Place: Claims Against Russia in Investment Treaty Arbitration - Part II of II

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As discussed in Part I of this two-part series, Russia has imposed sweeping economic measures in response to the international sanctions imposed by other States on Russia for its invasion of Ukraine. Those economic measures...more

Morgan Lewis

Update: Russia Proposes Draft Legislation Allowing Nationalizing Assets from Persons Connected With ‘Unfriendly States’

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Russia proposed a draft federal law on April 8 amending article 235 of the Russian Civil Code, which would allow the compulsory seizure of assets in cases stipulated by federal laws, and containing rules about such compulsory...more

King & Spalding

Russia’s Recent Actions Against Foreign Investors Will Give Rise to Claims Under International Investment Treaties

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Since the Russian Federation’s invasion of Ukraine, more than 400 international companies have announced their intentions to scale back or shut down their business operations in Russia. Russia has responded to the exodus of...more

Hogan Lovells

Amendments to ICSID Rules set to come into effect on July 1, 2022

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Learn more about the changes to improve transparency and efficiency in the amended ICSID Rules, which go into effect July 1, 2022.  Approved by the ICSID Administrative Council on March 21, 2022, the amended ICSID Rules will...more

King & Spalding

Potential Remedies for Russia’s Suspension of Foreign Investors’ Intellectual Property Rights

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Potential Remedies for Russia’s Suspension of Foreign Investors’ Intellectual Property Rights: International Investment Arbitration - Foreign investors in Russia may have remedies pursuant to international investment...more

Morgan Lewis

Update: Russia Considers and Enacts Measures Against Foreign Investors

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In response to sanctions adopted by the United States, the European Union, and other countries in relation to Russia’s operations in Ukraine, the Russian government is taking steps to adopt measures affecting foreign...more

Jones Day

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

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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

BakerHostetler

Peppa Pig Can't Fly: Russia's Retaliatory Expropriation of Foreign Property Has Started

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The crippling economic sanctions the West imposed in response to Russia’s invasion of Ukraine have led to Russian retaliation. Russia’s symbolic sanctions of President Biden and Canadian Prime Minister Justin Trudeau may get...more

Pillsbury Winthrop Shaw Pittman LLP

Expropriations Related to the Russia Sanctions May Trigger Liability under Investment Treaties

Recent news reports out of Russia have advised that it may expropriate or nationalize assets of foreign investors. Investors should be aware that such actions may breach bilateral or multilateral treaties that include...more

Jones Day

Climate Change and Investor-State Dispute Settlement

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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

ArentFox Schiff

ICSID Releases Caseload Statistics for Record Year 2021

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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

Conyers

Enforcement of Investment Treaty Arbitration Awards in the BVI: Applicable Law and Rules

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The International Centre for Settlement of Investment Disputes (ICSID) is an international institution, created under the auspices of the World Bank, which is arguably the world’s leading international institution for the...more

K&L Gates LLP

HUB Talks: Pandemic-Related Investor-State Arbitration - Part Three of a Three-Part Series

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In the final part of this three-part series podcast, partners Raja Bose, Ian Meredith, Matt Weldon, and associates Robert Houston and Hena Sial discuss the pandemic-related claims and concerns a Host State may have, such as...more

K&L Gates LLP

HUB Talks: Pandemic-Related Investor-State Arbitration - Part Two of a Three-Part Series

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In the second part of this three-part series podcast, partners Raja Bose, Ian Meredith, and Matt Weldon, along with associate Robert Houston, discuss the scope for, and how investors might be able to recognize, potential...more

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