On Monday, January 30, 2017, Gibson Dunn issued a client alert regarding President Trump's January 27 Executive Order restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.
Client Alert | February 1, 2017
On January 27, 2017, President Trump issued an Executive Order entitled "Protecting the Nation from Foreign Terrorist Entry into the United States."
Client Alert | January 30, 2017
The Supreme Court (the UK's highest court) has ruled today that parliament must vote on whether the UK can start the process of leaving the European Union. The Supreme Court held by a majority of eight to three that the UK government cannot trigger Article 50 – the official legal notification to the EU that the UK is going to leave the bloc – without an act of parliament authorising it to do so. The landmark decision upholds a High Court ruling handed down last November. The UK government had argued that royal prerogative powers mean MPs do not need to vote on triggering Article 50. The Supreme Court rejected this. Withdrawal from the EU will fundamentally change the UK's constitutional arrangements because it will cut off the source of EU law: &
Client Alert | January 24, 2017
Hong Kong partner Robert Pé is the author of "Myanmar Arbitration: Progress Made and the Way Ahead," [PDF] published in Asian Dispute Review in January 2017.
Article | January 1, 2017
The UK High Court has ruled today that parliament must vote on whether the UK can start the process of leaving the European Union. This means the UK government cannot trigger Article 50 – the official legal notification to the EU that the UK is going to leave the bloc – without parliamentary approval.
Client Alert | November 3, 2016
The UK Prime Minister, Theresa May, has announced that Article 50 – the official legal notification to the EU that the UK is going to leave the bloc – will be triggered by end March 2017. This means the UK will be out of the EU by end March 2019. The UK will have two years from the Article 50 notice to negotiate the terms of its relationship with the EU. Theresa May has not given any information on the type of Brexit deal the UK Government will be pursuing. However, the Prime Minister insists that the UK will not "give up control of immigration again". The requirement for restrictions on free movement of people may make it difficult for the UK to remain in the EU single market.
Client Alert | October 3, 2016
Hong Kong partner Robert Pé is the author of "Resolving Commercial Disputes: The Way Forward for Myanmar" [PDF] published in the August 2016 issue of Frontier Magazine.
Article | August 26, 2016
This is an update to our client alert published on June 21, 2016 in which we addressed the possible legal consequences of a vote to leave the European Union in the Referendum held in the United Kingdom on June 23, 2016. Now that the outcome of the Referendum is known, we consider in this client alert some of the likely immediate consequences of that vote and its impact on anyone doing business in the UK.What happened on June 23?In a result announced in the early hours of June 24, the UK electorate voted, by a majority of 51.9% to 48.1%, to leave the European Union.
Client Alert | June 28, 2016
You will all be aware that the UK electorate voted yesterday, by a margin of 52% to 48%, to leave the European Union. Following that vote, the UK Prime Minister, David Cameron, has announced today that he will step down in October when a new leader of the Conservative party (and, therefore, Prime Minister) will take office. The referendum does not itself trigger any legal consequences. The actual timing for a UK exit from the EU is uncertain. Whilst Mr. Cameron has indicated that the UK government will not invoke the mechanisms required under the Treaty of Lisbon to trigger negotiations leading to BREXIT until a new administration is in place, the presidents of the EU institutions, in a joint statement issued today, have said that they expect the UK to give eff
Client Alert | June 24, 2016
London partners Cyrus Benson, Penny Madden and associate Ceyda Knoebel are the authors of chapter 1 of The Investment Treaty Arbitration Review, "Covered Investment" [PDF] published in 2016 by Law Business Research.
Article | June 1, 2016
Gibson Dunn provides a brief overview of the key legal and regulatory developments in India from October 1, 2015 to April 30, 2016.
Client Alert | May 18, 2016
The DIFC Court of Appeal has unanimously held in DNB Bank ASA v Gulf Eyadah (CA-007-2015) that it is "not wrong" to use the DIFC Courts as a conduit jurisdiction. The decision, which overturns the holding at first instance, makes clear that parties with or without assets in the DIFC can (a) enforce a foreign judgment in the DIFC Courts and (b) take the resulting DIFC Court judgment to the Dubai Courts for execution pursuant to the enforcement provisions of the Judicial Authority Law. Absent resistance from the Dubai courts, the decision in DNB has opened a far easier route to enforcing foreign money judgments in onshore Dubai.
Client Alert | March 14, 2016
The Arbitration & Conciliation (Amendment) Ordinance, 2015 ("Ordinance") was promulgated on October 23, 2015 to introduce substantial changes to the [Indian] Arbitration & Conciliation Act, 1996 ("Act").
Client Alert | November 10, 2015
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
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
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
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
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 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
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
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
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
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
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
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
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
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
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
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
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
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
Printable PDFToday, the United States Supreme Court issued its opinion in AT&T Mobility LLC v. Concepcion, No.
Client Alert | April 27, 2011
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
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
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
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
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
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
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
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
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