International Arbitration

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Investment Treaty Considerations For Deal Makers

​London partners Cyrus Benson, Penny Madden, and Nicholas Tomlinson are the authors of "Investment Treaty Considerations For Deal Makers" [PDF] published on November 6, 2015 by Law360.

Article | November 6, 2015

Webcast: Enforcing Arbitral Awards and Judgments Against Foreign Entities

​Obtaining an arbitral award or judgment against a foreign entity is only half the battle, as both state and privately owned companies often attempt to shield their overseas assets from creditors.

Webcasts | October 14, 2015

Bilateral and Multilateral Investments Treaties: What All Dealmakers Need to Know

​If you are contemplating entering into investments in foreign markets, early consideration of protections available under bilateral investment treaties (BITs) and multilateral investment treaties (MITs) is crucial.  I.     When should you be considering BITs and MITs?BITs and MITs protection should be considered where your investment involves a heavily regulated industry or agreements directly with a foreign state (or state-owned entity)."Investment" for these purposes, potentially covers a broad range of interests and transactions from mergers and acquisitions, joint ventures, purchases of securities or assets, project financing, concession contracts, greenfield asset development, manufacturing plant construction and, in some cases, can also exte

Client Alert | September 25, 2015

Investment Treaty Arbitration: Kenya

​New York of counsel Rahim Moloo and Denver associate Yamini Grema are the authors of "Investment Treaty Arbitration: Kenya" [PDF] first published in Global Arbitration Review's GAR Know-How: Investment Treaty Arbitration, March 2015.   

Article | March 1, 2015

Investment Treaty Arbitration: Philippines

​New York of counsel Rahim Moloo and associate Angelica Agishi are the authors of "Investment Arbitration Treaty: Philippines" [PDF] first published in Global Arbitration Review's GAR Know-How: Investment Treaty Arbitration, March 2015.

Article | March 1, 2015

2014 Year-End Transnational Litigation Update

2014 was a watershed year for transnational litigation in United States courts. Rulings by the United States Supreme Court and several United States courts of appeals dramatically reshaped the circumstances under which foreign defendants are subject to general personal jurisdiction, further developed the standards for extraterritorial application of United States laws, and provided important guidance on the scope of sovereign immunity and application of the Foreign Sovereign Immunities Act ("FSIA") to commercial disputes.

Client Alert | February 27, 2015

Venezuela’s Currency Regulations May Violate Investment Treaty Protections

Earlier this month, Venezuela announced a new free-floating exchange rate mechanism, which had the effect of massively devaluing Venezuela's bolivar currency.

Client Alert | February 25, 2015

Enforcing Arbitration Awards in California

Los Angeles partners William Thomson, Perlette Michèle Jura, associate Dana Lynn Craig and Denver associate Allison K. Kostecka are authors of "Enforcing Arbitration Awards in California" [PDF] that was published on February 20, 2015 by PracticalLaw.com.

Article | February 20, 2015

Webcast: Foreign Investments in Emerging Markets

A handful of developing economies have been, and will continue to be, a key driver of global growth. In the coming years, emerging markets are expected to grow two to three times faster than developed nations.

Webcasts | February 11, 2015

Webcast: Drafting Arbitration Clauses

​Arbitration can be a useful option for the resolution of disputes between parties. It is especially useful in the cross-border context where one or both of the parties want to avoid litigating in the courts of a foreign jurisdiction.

Webcasts | January 21, 2015

Protecting Your Investments in Emerging Markets

The wealth of opportunities in emerging markets attracts a significant amount of foreign investment.  Making investments in parts of Africa, Latin America, Asia and the former Soviet Union can pay off handsomely if successful.  However, those same investments are often exposed to significant political risk.There are ways for investors in emerging markets to limit their exposure to such risk, and counsel can help to identify some of the more compelling options in this regard.  Political risk insurance is one well-known option.  Another option is to structure (or restructure) an investment, whether in a greenfield project or through an acquisition, to take advantage of the protections offered by a favorable investment treaty.  It is the latter option that is the subj

Client Alert | October 6, 2014

The IBA Guidelines on Party Representation: An Important Step in Overcoming the Taboo of Ethics in International Arbitration

London partner Cyrus Benson is the author of "The IBA Guidelines on Party Representation: An Important Step in Overcoming the Taboo of Ethics in International Arbitration" [PDF] published in April 2014 by The Paris Journal of International Arbitration 2014-1 (“Les Cahiers de l’Arbitrage 2014-1”).

Client Alert | April 1, 2014

Will Africa Be Lit By “BITs”?

The South African government may well have been surprised when Italian mining companies launched legal action challenging mining legislation aimed at addressing certain historical injustices in South African society - measures that were taken to promote human rights.

Client Alert | January 8, 2014

Limiting Investor Access to Investment Arbitration – A Solution without a Problem?

New York associate Liang-Ying Tan is the co-author of "Limiting Investor Access to Investment Arbitration - A Solution without a Problem?" [PDF] published in the January 2014 edition of Transnational Dispute Management.

Article | January 1, 2014

Arbitration of Employment: Claims Challenges and Limits on Enforceability in Texas

Dallas partner Karl Nelson and associate Benjamin Williams are the authors of "Arbitration of Employment Claims: Challenges and Limits on Enforceability in Texas" [PDF] published in the Winter 2013 edition of The Advocate.

Article | December 1, 2013

The Changed Landscape of Businesses’ Right to Enforce Arbitration Agreements: A Survey of Class Actions Involving Petitions to Compel Arbitration After Concepcion

Los Angeles partner Chris Chorba and associates Blaine Evanson, Babak Lalezari and Brandon Stoker are the authors of “The Changed Landscape of Businesses’ Right to Enforce Arbitration Agreements: A Survey of Class Actions Involving Petitions to Compel Arbitration After Concepcion” [PDF] published in the November 22, 2013 issue of Bloomberg BNA’s Class Litigation Report.

Article | November 22, 2013

Antitrust Scrutiny of Pharmaceutical Product Hopping

Dallas partner Sean Royall, Of Counsel Ashley Johnson and associate Jason McKenney are the authors of "Antitrust Scrutiny of Pharmaceutical Product Hopping" [PDF] originally published in Antitrust, Vol.

Client Alert | October 1, 2013

Indian Supreme Court Ruling Supports Foreign Arbitration Proceedings

Overturning a much criticized judicial precedent laid down by a Division Bench (consisting of three judges) of the Supreme Court of India ("Supreme Court") in the case of Bhatia International v. Bulk Trading S.A.

Client Alert | September 11, 2012

U.S. Supreme Court Finds That Class Action Waivers in Arbitration Agreements Are Enforceable Under the Federal Arbitration Act

Printable PDFToday, the United States Supreme Court issued its opinion in AT&T Mobility LLC v. Concepcion, No.

Client Alert | April 27, 2011

U.S. Supreme Court Limits Availability of Class Action Arbitration

On April 27, 2010, the Supreme Court of the United States recognized an important limit on the availability of class action mechanisms in arbitration.  In Stolt-Nielsen S.A.

Client Alert | May 3, 2010

Can Professional Ethics Wait? The Need for Transparency in International Arbitration

London partner Cyrus Benson is the author of "Can Professional Ethics Wait? The Need for Transparency in International Arbitration" [PDF] published in the March 2009 issue of International Bar Association's Dispute Resolution International.

Client Alert | March 2, 2009

Choice Roles

London partner Rachel Couter is the author of "Choice roles" [PDF] published in the October 20, 2008 issue of The Lawyer.

Client Alert | October 20, 2008

Recent Decisions Cast Substantial Doubt on Whether “Manifest Disregard of the Law” Constitutes a Valid Independent Ground for the Judicial Vacatur of Arbitration Awards under the United States Federal Arbitration Act

On July 7, 2008, the U.S. District Court for the Southern District of New York became one of the first courts to apply the United States Supreme Court's recent decision in Hall Street Associates, LLC v. Mattel, Inc., 128 S.

Client Alert | October 7, 2008

English Court of Appeal: Client’s Right to Choose Its Legal Advisers Is Paramount

Most jurisdictions have at least some requirement that parties to disputes must disclose relevant documents to their opposing parties.  England is no exception.  Disclosure is normally provided subject to obligations on the opposing party to (i) keep such documents confidential and (ii) not use such documents for any purpose other than the proceedings for which the documents are disclosed (non-use obligations).  Non-use obligations, naturally, apply both to the parties to the dispute and to their legal advisers.  Generally, they are well understood and cause no difficulties.  However, questions can sometimes arise as to whether, like conflicts of interest, they can prevent a client from instructing its lawyer of choice.A common situation where such a

Client Alert | July 30, 2008

An Injunction too Far: C v D

Gibson Dunn partner Cy Benson is the author of author of "An InjunctIon too Far: C v D" [PDF] published in Vol 3, Issue 1, of the Global Arbitration Review, page 38, www.GlobalArbitrationReview.com.

Client Alert | March 7, 2008

U.S. Supreme Court Holds That the Federal Arbitration Act Supersedes State Laws Lodging Primary Jurisdiction in Another Forum

On February 20, the Supreme Court of the United States issued an 8-1 decision in Preston v. Ferrer, which held that when parties agree to arbitrate all questions arising under a contract, the Federal Arbitration Act (FAA) supersedes state laws lodging primary jurisdiction in another forum, whether judicial or administrative.

Client Alert | February 27, 2008

What Price Accuracy? A Recent House of Lords Decision May Be a Recipe for Delay in UK Contract Law Arbitrations

The English House of Lords has issued two landmark decisions within the past six months addressing the value-date for the quantification of damages. The most recent of these decisions, in Golden Strait Corporation v Nippon Yusen Kubishika Kaisha, involves commercial contract law and may be a recipe for delay in UK contract law arbitrations.

Article | July 23, 2007

Wanted: An Ethical Compass

London Partner Cyrus Benson is the author of "Wanted: An Ethical Compass" [PDF], which appeared in Global Arbitration Review, Volume 1, Issue 3, June 2006.

Client Alert | June 1, 2006