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Investors International Arbitration

White & Case LLP

Keeping up with the times: The Government of India proposes new arbitration law reforms

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Over the last decade, India has taken significant steps to strengthen its arbitration law to help establish itself as a global hub for international arbitration and to provide greater certainty to investors regarding...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

Vinson & Elkins LLP

A(nother) Turning Point for Intra-EU ECT Disputes?

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Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more

A&O Shearman

Client Alert Russian Counter Sanctions II

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Over two years since the full-scale invasion of Ukraine triggered the imposition of worldwide sanctions against Russia, Moscow has continued to respond in the form of new counter-sanctions. We have previously summarized...more

Jenner & Block

What Is the Future of Energy Charter Treaty (ECT)?

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The Energy Charter Treaty (ECT) is a multi-nation investment treaty which protects investors from the nationalization of assets and other arbitrary and discriminatory state conduct made at the expense of investments in the...more

Hogan Lovells

Spain’s exit of the Energy Charter Treaty is official: what now?

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The Energy Charter Treaty and the Protocol were signed in December 1994 to promote international investment in the energy sector. On 16 April 2024, Spain gave written notice of its decision to withdraw from the ECT and on 14...more

Mayer Brown

Honduras Denounces the ICSID Convention; Investors with Potential Claims Should Quickly Analyze Their Options

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Honduras denounced the ICSID Convention via a written notice received by the World Bank on February 24, 2024. Under Article 71 of the ICSID Convention, such denunciations take effect six months from the date of receipt of the...more

White & Case LLP

Honduras ICSID Denunciation and Implications for Foreign Investors

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The International Centre for Settlement of Investment Disputes ("ICSID") has announced that the World Bank received a written notice of denunciation of the Convention on the Settlement of Investment Disputes between States...more

A&O Shearman

Key global capital market development and the outlook of 2024

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The global IPO market faced a downturn in 2023, but despite this, debt markets grew and new regulations suggest a dynamic shift as we head into 2024. Market overview- The global IPO market weakened further in 2023,...more

Hogan Lovells

United Kingdom to withdraw from the Energy Charter Treaty

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On 22 February 2024, the Government of the United Kingdom (UK) announced that the UK would withdraw from the Energy Charter Treaty (ECT) after a recent failed attempt to modernise its text....more

Hogan Lovells

Tour d’horizon des réformes récentes du secteur minier et de la protection des investissements en Afrique

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Au cours de ces dernières années, plusieurs États africains ont mis en œuvre des réformes d’ampleur de leurs régulations minières, aboutissant notamment à l'imposition d'exigences réglementaires accrues sur les acteurs de ce...more

Hogan Lovells

Update of reforms to the mining sector and investment protection in Africa

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In the past few years, several African States have implemented wide-ranging reforms to their mining sector, which have resulted in the imposition of increased regulatory requirements on actors as well as, in some instances,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Investment Treaty Arbitration in India: Perspectives of the State and Indian Investor

Bilateral investment treaties (“BITs”) are agreements between countries that attempt to provide protections to investors from one state investing in the other (the “host state”). India’s experience with BITs and investor...more

White & Case LLP

Investing in India

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What a difference a decade can make! Since the publication of our first report, "Navigating India: Lessons for Foreign Investors," in 2013, India has undergone a remarkable transformation. The country’s population grew by 100...more

Jenner & Block

English Court Thwarts Spain’s Latest Attempt to Resist Enforcement of ECT Awards

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Some readers will be familiar with the many claims made against Spain for the alleged violation of its obligations to foreign investors under the Energy Charter Treaty (the ECT). In May 2023, the English Commercial Court...more

Foley Hoag LLP

UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

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UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming...more

White & Case LLP

Impact of Global Price Volatility on Damages Calculations in International Arbitration

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The global energy and commodity sectors face unprecedented uncertainty. Increased global demand, coupled with supply chain constraints triggered by Russia's invasion of Ukraine, and China's COVID-19 restrictions and its...more

Hogan Lovells

Investors must act quickly or forfeit their rights to claims under soon expiring NAFTA Chapter 11

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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

A&O Shearman

Indonesia’s Revocation Of Mining Permits: What Foreign Investors Need To Know

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On September 26, 2022, the Indonesian Minister of Investment provided an update on the review process being undertaken by the Ministry of Investment in respect of its revocation of over 2,000 mining permits in August 2022....more

Shook, Hardy & Bacon L.L.P.

The 2022 ICSID Amendments: Key Strategic Considerations for Parties

Investor-State arbitration is designed to protect investors from unfair conduct by foreign governments. The quintessential example of a violation is an unlawful factory expropriation (e.g., a State taking over an oil refinery...more

Latham & Watkins LLP

Green Power and the Protections of Intra-EU Energy Investment

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The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more

Cooley LLP

Investment Treaties Could Provide Remedy For Russia’s Unlawful Seizure of Foreign Assets

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As Reuters recently reported, Russia is preparing a new law that will allow it to seize the local businesses of Western companies that have left or suspended operations in Russia due to the invasion of Ukraine. Affected...more

King & Spalding

Russia’s Payment of Principal and Interest in Rubles of U.S. Dollar-Denominated Debt May Give Rise to Claims under International...

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On April 11, 2022, the EMEA Credit Derivatives Determinations Committee (CDDC) determined that the state-owned Russian Railways is in default on a missed bond payment. Russian Railways tried to make the interest payment due...more

White & Case LLP

Energy Transition and Investor-State Disputes

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Past and current investor-state disputes relating to the energy transition may provide valuable lessons for what lies ahead. The global energy sector is transitioning from fossil fuels to increased use of renewable energy....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

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