Season 2 Episode 5- Defense Trade Down Under
On October 25, the International Centre for Settlement of Investment Disputes (ICSID) released its 2024 Annual Report, which highlights significant trends and statistics in ICSID’s cases during the fiscal year ending on June...more
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
The global energy transition means that demand for critical materials and minerals is on the rise. With significant quantities of the world’s metals and minerals located in Africa, mining companies must operate in a dynamic...more
On November 5, 2024, the Stockholm Chamber of Commerce Arbitration Institute (“SCC”) announced an important change to its policy regarding seat selection “to make every effort to ensure an arbitral award rendered under the...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
Elections and government changes bring new policies that impact businesses’ strategic planning, while economic stress influences M&A trends and growth strategies....more
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
US Case Law Update - The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more
Following the entry into force of the Agreement Establishing the African Continental Free Trade Area (“AfCFTA”) in May 2019, intra-African cooperation recently took a further step forward with the adoption of its Investment...more
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
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
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
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
A number of factors have led to a more uncertain environment for infrastructure investment globally as we move into 2022. ...more
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
The High Court rejected an application by the Republic of Korea to set aside an investment arbitration award under s67 Arbitration Act 1996. In deciding that the arbitrators had substantive jurisdiction, Butcher J scrutinised...more
Since 2011, the compatibility of the States' consent to investment arbitration in Bilateral Investment Treaties (BIT) with European Union law (EU law) has been strongly discussed in Europe. ...more
The October blog post will be broken up into two parts. This October 15th post will comment on the TPP Agreement signed today and well as President Xi Jinping’s recent trip to the US and my impressions from Beijing, China...more
A company that wishes to engage in cross-border trade or invest in or establish a business outside of the United States must consider several factors. First, as this article discusses, it must assess which country to invest...more
The United States and the European Union (EU) together represent 60 percent of global GDP, 33 percent of world trade in goods and 42 percent of world trade in services. Direct investment in each other’s economies totals more...more