News & Analysis as of

United States-Mexico-Canada Agreement (USMCA) Foreign Investment

Braumiller Law Group, PLLC

Braumiller-Law-Group - June 2024 Newletter

Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing...more

Braumiller Law Group, PLLC

机遇与挑战:中国企业赴墨西哥投资

中国在墨西哥的外国直接投资 (FDI) 近年来显着增长,这反映了中国与全球经济格局转变和区域贸易动态的战略性协调。这一趋势使中国成为墨西哥增长最快的外国投资来源国之一,其中大部分投资流向制造业。 中国外国直接投资激增的主要原因 经济和政治压力 ...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2024 - Overcoming Obstacles: Challenges Faced by China’s FDI in Mexico

China’s foreign direct investment (FDI) in Mexico has seen substantial growth in recent years, reflecting a strategic alignment with global economic shifts and regional trade dynamics. This trend positions China as one of the...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - May 2024

On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and...more

Procopio, Cory, Hargreaves & Savitch LLP

Nearshoring in Mexico: Some Basics for Chinese Companies

In recent years, direct investment from Chinese companies into Mexico has experienced significant growth. This surge is evident in the figures, rising from $38 million in 2011 to $386 million in 2021 and $282 million in 2022....more

Cooley LLP

US Investors Can Take Advantage of International Treaties to Structure Foreign Investments

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Investors typically consider structuring their foreign investments through jurisdictions that maximize their tax benefits. But US investors also should consider corporate structures that take advantage of investment treaties...more

Snell & Wilmer

The Uncertain World: Nearshoring, Economic Development, and the Next Frontier

Snell & Wilmer on

Historically, international trade regulation has swung between economic protectionism and national security concerns. Between World War II and the 2018 presidential election, the primary international trade regulatory issue...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2023 - Legal Framework Governing Foreign Direct Investment from the United States and...

A large number of companies considering relocating their business abroad have turned their eyes to Mexico, which has become an attractive place for investors to relocate their business, mainly because it is close to the...more

Foley & Lardner LLP

Nearshoring and Beyond: Hot Topics for Automotive Companies Operating in Mexico

Foley & Lardner LLP on

As manufacturing in Mexico returns to pre-pandemic levels, several recent legal developments may affect those operations. Manufacturers, particularly those in the automotive industry, need to consider new Mexican labor...more

Hogan Lovells

Why Mexico is attracting foreign investors considering nearshoring in the Americas

Hogan Lovells on

Mexico is uniquely positioned to benefit foreign investors considering nearshoring. Not only Mexico’s geographical location in North America allures investors, but also its attractive maquila and other trade programs, labor...more

ArentFox Schiff

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

ArentFox Schiff on

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

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

White & Case LLP on

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

King & Spalding

Protections for Hydrogen Projects Under the Modernized Energy Charter Treaty

King & Spalding on

For over two decades, investors in the energy sector have benefited from protections found in The Energy Charter Treaty (“ECT”). Investors in hydrogen projects will soon be able to benefit from these same protections....more

White & Case LLP

The future of US-Latin America trade relations: What can we achieve in the next few years?

White & Case LLP on

While the Washington Consensus policies resulted in seven years of economic growth in the 1990s, the years that followed brought about a period of recession and stagnation - 71% US trade with Latin America is dominated...more

Hogan Lovells

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

Hogan Lovells on

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

Holland & Knight LLP

USMCA Deadline to File Legacy Investment Arbitrations Approaches

Holland & Knight LLP on

The United States-Mexico-Canada Agreement (USMCA) went into effect on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). Access to investment arbitration in the USMCA is subject to more restrictive...more

Hogan Lovells

United States and Canada request consultations under the USMCA over Mexico's energy policies favoring CFE and PEMEX

Hogan Lovells on

On 20 and 21 July 2022, the United States and Canada requested consultations with Mexico under the United States-Mexico-Canada Agreement (USMCA) regarding various energy measures that favor Mexico's state-owned electrical...more

Hogan Lovells

Los Estados Unidos y Canadá solicitan consultas en el marco del T-MEC por las políticas energéticas de México que favorecen a CFE...

Hogan Lovells on

Los días 20 y 21 de julio de 2022, los Estados Unidos y Canadá solicitaron consultas con México en el marco del Tratado entre México, Estados Unidos y Canadá (T-MEC) en relación con varias medidas energéticas que favorecen a...more

Bracewell LLP

Five Take-Aways From Bracewell Seminar on the Strategic Use of International Arbitration and Mexico

Bracewell LLP on

International arbitration, when available and used strategically, adds leverage, especially in dealing with a government. Qualifying foreign investors in Mexico affected by the changes in the regulatory environment promoted...more

Jones Day

Climate Change and Investor-State Dispute Settlement

Jones Day on

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

Dickinson Wright

[Webinar] North America's Drive Towards Electrification: How East Asia Factors into the Equation - October 20th, 12:00 pm - 1:30...

Dickinson Wright on

The global transition from internal combustion engines (ICE) to battery electric vehicles (BEV) will be transformative and disruptive, if not existential, for many segments of the automotive industry. All direct and indirect...more

Jones Day

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

Jones Day on

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

WilmerHale

Three Tips for Investors in Mexico's Energy Sector Regarding Potential USMCA Claims

WilmerHale on

On March 10, Mexico’s amended Electricity Industry Law entered into force, introducing preferences for the Mexican state-owned utility, Comisión Federal de Electricidad (CFE), with respect to the supply of electricity to the...more

Holland & Knight LLP

Mexico's Congress to Vote on Electricity Reform Bill

Holland & Knight LLP on

The Mexican government has introduced a bill that seeks to reform the electricity market in Mexico in order to favor the Federal Electricity Commission (Comisión Federal de Electricidad o CFE), the state-owned utility...more

King & Spalding

Recent Import and Export Regulations in Mexico Double Down on Favoritism of Pemex

King & Spalding on

In the final days of December, Mexico issued new regulations that limit the ability of private companies to import and export fuel and hydrocarbons. Then, in the first week of this year, Mexico’s President, Mr. Lopez...more

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