International Arbitration

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Protecting Your Foreign Investment

New York partner Lindsey Schmidt and London associates Besma Grifat-Spackman and Rose Naing are the authors of "Protecting Your Foreign Investment," [PDF] published by Corporate Disputes Magazine in its October-December 2021 issue.

Article | October 15, 2021

Jus Mundi Featured Gibson Dunn as Arbitration Team of the Month

Jus Mundi featured Gibson Dunn as its Arbitration Team of the Month for October 2021, noting that the firm “is prominent for its Energy Charter Treaty work and its enviable prominence in litigation involving arbitration issues, including enforcement proceedings.” The firm’s profile was published October 4, 2021.

Firm News | October 8, 2021

Seventeen Gibson Dunn Partners Recognized in Expert Guides’ Women in Business Law

Expert Guides has named 17 Gibson Dunn partners to its 2021 Guide to the World’s Leading Women in Business Law, which recognizes top female legal practitioners advising on business law.

Firm News | October 7, 2021

Gibson Dunn Ranked in the 2022 UK Legal 500

Gibson Dunn earned 16 practice area rankings in the 2022 edition of The Legal 500 UK. Six partners were named to Legal 500’s Hall of Fame, recognizing individuals who receive consistent feedback from the market for continued excellence, and seven partners were named Leading Lawyers in their respective practices.

Firm News | October 7, 2021

Intra-EU Arbitration Under the ECT Is Incompatible with EU Law According to the CJEU in Republic of Moldova v Komstroy

On 2 September 2021, the Court of Justice of the European Union issued its ruling in Republic of Moldova v Komstroy concluding that, as a matter of EU law, Article 26 of the Energy Charter Treaty is not applicable to “intra-EU” disputes (that is, disputes between an investor of an EU Member State on the one hand, and an EU Member State on the other.)

Client Alert | September 7, 2021

Gibson Dunn’s International Arbitration Practice Recognized in 2021 GAR 30

Global Arbitration Review ranked Gibson Dunn among the 2021 GAR 30, its annual guide to the world’s top 30 arbitration practices. Clients singled out the firm’s International Arbitration practice for its “outstanding work,” its “in-depth knowledge of the oil and gas world,” and its ability to work “seamlessly across multiple jurisdictions.” The GAR 30 was published on July 1, 2021.

Firm News | July 1, 2021

Enforcement of Arbitral Awards against a Sovereign State: UK Supreme Court Reinstates the Service Requirements in General Dynamics v Libya

On 25 June 2021, the UK Supreme Court rendered its judgment in General Dynamics United Kingdom Limited v The State of Libya. This much anticipated decision provides important guidance concerning the interaction of State immunity principles with the rules applicable to the service of enforcement proceedings on States.

Client Alert | June 29, 2021

New York Updates Law on Recognition of Foreign Country Money Judgments to Bring in Line with Other U.S. Jurisdictions

On June 11, 2021, New York Governor Andrew M. Cuomo signed into law a Uniform Foreign Country Money Judgments Act, amending New York’s Uniform Foreign Country Money-Judgments Recognition Act of 1970.  With this enactment, New York follows a growing number of U.S. states that have modernized their recognition acts over the last decade.

Client Alert | June 22, 2021

Arbitrability and Public Policy Challenges

London partner Penny Madden and associates Ceyda Knoebel and Besma Grifat-Spackman are the authors of "Arbitrability and Public Policy Challenges," [PDF] an extract from the second edition of GAR’s The Guide to Challenging and Enforcing Arbitration Awards.

Article | June 17, 2021

Best Lawyers in the United Kingdom 2022 Recognizes 10 Gibson Dunn Attorneys

Best Lawyers in the United Kingdom 2022 has recognized 10 Gibson Dunn attorneys as leading lawyers in their respective practice areas: Cyrus Benson – International Arbitration; Gregory Campbell – Private Equity Law; James Cox – Employment Law; Patrick Doris – International Arbitration; Penny Madden – International Arbitration; Mitri Najjar – Corporate Law; Philip Rocher – Litigation; Alan Samson – Financial Services, Real Estate Finance, and Real Estate Law; Jeffrey Sullivan – International Arbitration; and Steve Thierbach – Capital Markets Law.

Firm News | June 3, 2021

Mexico’s Reforms to Hydrocarbon Law and Electricity Industry Law May Violate Investment Treaty Protections

Recent amendments to Mexico’s Hydrocarbon Law (“Hydrocarbon Reform”) and Electricity Industry Law (“Electricity Reform”) may have a significant impact on the operations of foreign investors in the energy sector in Mexico. 

Client Alert | June 1, 2021

Appeals 2021: United Kingdom

London partners Doug Watson and Patrick Doris and associate Daniel Barnett are the authors of the "United Kingdom" [PDF] chapter in Appeals 2021 published by Lexology in May 2021.

Publications | May 6, 2021

Sixteen Partners Named Among the Lawdragon Global Litigation 500

Sixteen Gibson Dunn partners were named among the 2021 Lawdragon Global Litigation 500. This inaugural list recognizes those who specialize in international arbitration, public international law and those who advise leading corporations.

Firm News | February 23, 2021

Who’s Who Legal 2021 Recognizes Gibson Dunn Partners in Arbitration, Tax and Competition

Four Gibson Dunn partners were featured in Who’s Who Legal Arbitration 2021 guide: London partners Cyrus Benson, Penny Madden and Jeffrey Sullivan were recognized and New York partner Rahim Moloo was named as a Future Leader.

Firm News | January 14, 2021

Jeff Sullivan Appointed Queen’s Counsel

Jeff Sullivan is one of 116 new Queen’s Counsel appointed in the 2020 competition and is one of only six solicitors appointed. The title of Queen’s Counsel is awarded to those who have demonstrated particular skill and expertise in the conduct of advocacy.

Firm News | December 17, 2020

Gibson Dunn Named International Arbitration Team of the Year at the British Legal Awards 2020

Legal Week named Gibson Dunn the International Arbitration Team of the Year at its annual British Legal Awards 2020, which celebrates the legal sector’s achievements of the past year.

Firm News | November 24, 2020

Gibson Dunn Ranked in Chambers UK 2021

Gibson Dunn was recognized with four firm and 14 individual rankings in the 2021 edition of Chambers UK. The firm was recognized in the categories: Competition Law – London; International Arbitration: Commercial Arbitration – UK-wide; International Arbitration: Investor-State Arbitration; and Real Estate Finance – London.

Firm News | October 23, 2020

The Singapore Convention on Mediation: New Kid on the Dispute Resolution Block Now in Force

The United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”) came into force on 12 September 2020. Gibson Dunn lawyers discuss the key features of this significant step for international commercial dispute resolution.

Client Alert | October 16, 2020

Law360 Names Eight Gibson Dunn Partners as 2020 MVPs

Law360 named eight Gibson Dunn partners among its 2020 MVPs. Law360 MVPs feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” The list was published on October 4, 2020.

Firm News | October 5, 2020

Gibson Dunn Ranked in the 2021 UK Legal 500

Gibson Dunn earned 13 practice area rankings in the 2021 edition of The Legal 500 UK. Four partners were named to Legal 500’s Hall of Fame, recognizing individuals who receive consistent feedback from their clients for continued excellence, and four other partners were named Leading Lawyers in their respective practices.

Firm News | October 5, 2020

Benchmark Litigation Europe 2021 Names Four Partners Stars

The 2021 edition of Benchmark Litigation Europe has recognized four partners as stars in their respective practice areas: London partners Cyrus Benson and Penny Madden were recognized as stars in International Arbitration; London partner Philip Rocher was recognized as a star in Commercial and Transactions, Insurance, and International Arbitration; and Paris partner Jean-Pierre Farges was recognized as a star in Banking and Financial Services, Commercial and Transactions, Insolvency, and Insurance.

Firm News | October 5, 2020

Thirteen Gibson Dunn Partners Recognized in Expert Guides’ Women in Business Law

Expert Guides has named 13 Gibson Dunn partners to its 2020 Guide to the World’s Leading Women in Business Law, which recognizes top female legal practitioners advising on business law.

Firm News | September 22, 2020

Gibson Dunn’s International Arbitration Practice Recognized in 2020 GAR 30

Global Arbitration Review ranked Gibson Dunn among the 2020 GAR 30, its annual guide to the world’s top 30 arbitration practices. A client noted that the firm’s International Arbitration practice is “outstandingly skilled, fully available [and] capable of adapting efficiently to the evolving dynamics of the case.” The GAR 30 was published on July 9, 2020.

Firm News | July 10, 2020

Law360 Names Five Gibson Dunn Lawyers as 2020 Rising Stars

Five Gibson Dunn lawyers were named among Law360’s Rising Stars for 2020, featuring “attorneys under 40 whose legal accomplishments transcend their age.” The following lawyers were recognized: New York partner Brian Ascher in Media & Entertainment, Dallas partner Krista Hanvey in Benefits, New York partner Saee Muzumdar in Mergers & Acquisitions, New York associate Lindsey Schmidt in International Arbitration, and Washington, D.C. of counsel Molly Senger in Employment.

Firm News | July 6, 2020

Best Lawyers in France 2021 Recognizes 17 Gibson Dunn Attorneys

Best Lawyers in France 2021 recognized 17 Gibson Dunn attorneys and named Gibson Dunn the Insolvency and Reorganization Law “Law Firm of the Year.”

Firm News | June 25, 2020

Best Lawyers in the United Kingdom 2021 Recognizes 12 Gibson Dunn Attorneys

Best Lawyers in the United Kingdom 2021 has recognized 12 Gibson Dunn attorneys as leading lawyers in their respective practice areas: Cyrus Benson – International Arbitration; Thomas Budd – Real Estate Finance; Gregory Campbell – Private Equity Law; James Cox – Employment Law; Patrick Doris – International Arbitration; Charlie Geffen – Mergers and Acquisitions Law, and Private Equity Law; Penny Madden – International Arbitration; Mitri Najjar – Corporate Law; Philip Rocher – Litigation; Alan Samson – Financial Services, Real Estate Finance, and Real Estate Law; Jeffrey Sullivan – International Arbitration; and Steve Thierbach – Capital Markets Law.

Firm News | June 12, 2020

Supreme Court Holds That The New York Convention Permits The Use Of Equitable Estoppel To Enforce An Arbitration Agreement Among Nonsignatories

On June 1, 2020, the Supreme Court unanimously held that the New York Convention permits the use of state-law equitable estoppel doctrines to compel arbitration between parties that did not sign the arbitration agreement. 

Client Alert | June 1, 2020

The Termination of Intra-EU Bilateral Investment Treaties and the Impact on Foreign Investment Protection in Europe

On 5 May 2020, twenty-three European Union Member States signed an agreement purporting to terminate approximately 130 intra-EU bilateral investment treaties or “BITs”.

Client Alert | May 13, 2020

Technology and Construction Court of England and Wales Holds That Experts Can Owe Clients a Fiduciary Duty of Loyalty

In April 2020, the Technology and Construction Court of England and Wales held that expert consultancy firms can owe a fiduciary duty of loyalty to a client.

Client Alert | April 30, 2020

Gibson Dunn Ranked in Legal 500 EMEA 2020

The Legal 500 EMEA 2020 has recommended Gibson Dunn in 19 categories in Belgium, France, Germany and UAE.

Firm News | April 30, 2020

California Supreme Court Confirms That the Hague Service Convention Does Not Preempt Right of Parties to Contract for Their Preferred Method of Service

On April 2, 2020, the California Supreme Court issued an important opinion regarding the right of parties to agree to waive the mandatory provisions for service of process abroad under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

Client Alert | April 6, 2020

Online Dispute Resolution: An Option for Times of Crisis and Calm

Courts around the world have responded to the COVID-19 outbreak by delaying or suspending proceedings. Gibson Dunn lawyers outline key features of online arbitration and mediation options which are particularly attractive not only for times of calm, but particularly in times of crisis.

Client Alert | March 30, 2020

Ryan Whelan Named 2020 Legal Personality of the Year

London associate Ryan Whelan was named “Legal Personality of the Year” at the LexisNexis Legal Awards 2020 for his work in leading the legal and political campaign in the UK against “upskirting.” The award was presented on March 11, 2020.

Firm News | March 12, 2020

UK Supreme Court Paves the Way for Enforcement of an ICSID Award in the Long-Running Micula v Romania Dispute

On 19 February 2020, the UK Supreme Court rendered its judgment in Micula and others v Romania. In a unanimous ruling, the Supreme Court lifted a stay of enforcement of an ICSID arbitral award despite an extant State aid investigation by the European Commission. With the stay lifted, the requirement for Romania to provide security as a condition of the stay was discharged.

Client Alert | February 21, 2020

Law360 Names Gibson Dunn Among Its 2019 International Arbitration Practice Groups of the Year

Law360 named Gibson Dunn one of its five International Arbitration Groups of the Year for 2019. The profile was published on February 12, 2020. The International Arbitration Practice Group advises leading multinational corporations in arbitration proceedings around the world.

Firm News | February 13, 2020

Coronavirus and Force Majeure: Addressing Epidemics in LNG and Other Commodities Contracts

In light of the market impacts of the 2020 global coronavirus outbreak, Gibson Dunn lawyers examine common formulations used in force majeure provisions in LNG sale and purchase agreements and identify considerations for clients when negotiating and seeking to enforce such clauses.

Client Alert | February 12, 2020

Who’s Who Legal Names 12 Partners to Practice Guides for Trade & Customs, Arbitration and Restructuring & Insolvency

Who’s Who Legal guides for 2019 and 2020 named 12 Gibson Dunn partners to practice guides in their respective fields. Washington, D.C. partners Donald Harrison, Judith Lee and Adam Smith were recommended for Trade & Customs.

Firm News | January 30, 2020

Gibson Dunn Named a 2019 Law Firm of the Year

Law360 named Gibson Dunn a Firm of the Year for 2019 in its article, “The Firms That Dominated in 2019,” featuring seven firms that received the most Practice Group of the Year awards.

Firm News | January 13, 2020

Gibson Dunn Case Named Among Top 5 International Arbitration Decisions of 2019

Gibson Dunn’s win for Crystallex in Crystallex International Corp. v. Bolivarian Republic of Venezuela was named among Law360’s “Top 5 International Arbitration Decisions of 2019.” The list was published on December 20, 2019.

Firm News | December 23, 2019

Benchmark Litigation Europe 2020 Names Four Partners Stars

The 2020 edition of Benchmark Litigation Europe has recognized four Gibson Dunn partners as stars in their respective practice areas. Three London partners were named to the publication: Cyrus Benson and Penny Madden were recognized as stars in International Arbitration; Philip Rocher was recognized as a star in Commercial and Transactions, Insurance, and International Arbitration.

Firm News | November 4, 2019

Argentina and Other States Adopt Currency Restrictions, Raising Potential Investment Treaty Claims

On September 1, 2019, Argentina introduced a number of new restrictions on foreign currency transactions, reversing its four-year-old policy that had eliminated such controls. This move follows similar recent capital restrictions imposed by other States. Such regulations may give rise to investment treaty claims by foreign investors.

Client Alert | October 14, 2019

Gibson Dunn Ranked in Chambers UK 2020

Gibson Dunn was recognized with four firm and 16 individual rankings in the 2020 edition of Chambers UK. The firm was recognized in the categories: Competition Law – London; International Arbitration: Commercial Arbitration – UK-wide; International Arbitration: Investor-State Arbitration; and Real Estate Finance – London.

Firm News | October 10, 2019

Gibson Dunn Ranked in the 2020 UK Legal 500

The UK Legal 500 2020 ranked Gibson Dunn in 15 practice areas and named seven partners as Leading Lawyers. The firm was recognized in the following categories:

Firm News | October 4, 2019

UK Supreme Court Decides Suspending UK Parliament Was Unlawful

On September 23, 2019, the UK’s highest court ruled that Prime Minister Boris Johnson’s decision to suspend (or “prorogue”) Parliament for five weeks, from September 9, 2019 until October 14, 2019, was unlawful.

Client Alert | September 24, 2019

Financial Times Recognizes Gibson Dunn at the European Innovative Lawyer Awards 2019

The Financial Times named Gibson Dunn a standout firm at the European Innovative Lawyer Awards 2019. The firm was recognised in the Innovation in the Rule of Law and Access to Justice category for London associate Ryan Whelan’s work leading the legal and political campaign in the UK against “upskirting.” The awards were presented on September 12, 2019.

Firm News | September 16, 2019

The Singapore Convention on Mediation and the Path Ahead

On August 7, 2019, forty-six State Parties, including the United States, China, India, and South Korea, signed the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the “Singapore Convention on Mediation.”

Client Alert | August 22, 2019

Getting the Deal Through: Appeals 2019

Washington, D.C. partner Mark Perry and Los Angeles partner Perlette Jura are the contributing editors of “Appeals 2019,” a publication examining Appellate law and procedure between jurisdictions around the globe, published by Getting the Deal Through in June 2019.

Publications | August 13, 2019

New UK Prime Minister – what has happened?

An update on the political state of play in the United Kingdom after Boris Johnson was selected as Prime Minister, covering Brexit and other developments.

Client Alert | July 26, 2019

Digital Services Taxes May Violate Investment Treaty Protections

Recent tax measures adopted, or contemplated, by States which target foreign investors may violate investment treaty obligations, including national treatment, and fair and equitable treatment obligations. These investment treaties give foreign investors the right to pursue claims directly against the State for such breaches.

Client Alert | July 24, 2019

Best Lawyers in the United Kingdom 2020 Recognizes 11 Gibson Dunn Partners

Best Lawyers in the United Kingdom 2020 has recognized 11 Gibson Dunn partners as leading lawyers in their respective practice areas: Cyrus Benson – International Arbitration; Thomas Budd – Real Estate Finance; James Cox – Employment Law; Patrick Doris – International Arbitration; Charlie Geffen – Private Equity Law; Penny Madden – International Arbitration; Mitri Najjar – Corporate Law; Philip Rocher – Litigation; Alan Samson – Finance Services, Real Estate Finance and Real Estate Law; Jeffrey Sullivan – International Arbitration; and Steve Thierbach – Capital Markets Law.

| June 28, 2019

Best Lawyers in Germany 2020 Recognizes 14 Gibson Dunn Attorneys

Best Lawyers in Germany 2020 has recognized 14 Gibson Dunn attorneys as leading lawyers in their respective practice areas. In Frankfurt: Jens-Olrik Murach – Competition/Antitrust Law and Litigation; Dirk Oberbracht – Corporate Law, Mergers and Acquisitions Law and Private Equity Law; Wilhelm Reinhardt – Mergers and Acquisitions Law; and Finn Zeidler – Arbitration and Mediation and Litigation.

Firm News | June 28, 2019

Best Lawyers in France 2020 Recognizes 16 Gibson Dunn Attorneys

Best Lawyers in France 2020 has recognized 16 Gibson Dunn attorneys as leading lawyers in their respective practice areas: Ahmed Baladi – Information Technology Law, Intellectual Property Law, Privacy and Data Security Law and Telecommunications Law; Nicolas Baverez – Administrative Law, Public Law and Regulatory Practice; Maïwenn Béas – Public Law; Amanda Bevan-de Bernède – Banking and Finance Law and Investment; Eric Bouffard – International Arbitration; Bertrand Delaunay – Mergers and Acquisitions Law and Private Equity Law; Jérôme Delaurière – Tax Law; Jean-Pierre Farges – Arbitration and Mediation, Banking and Finance Law, Insolvency and Reorganization Law and Litigation; Pierre-Emmanuel Fender - Insolvency and Reorganization Law; Benoît Fleury – Corporate Law

Firm News | July 1, 2019

UK Nationalisation – Investment Treaties can offer opportunities to reorganise now to protect valuations

The political instabilities caused by Brexit raise the possibility that a General Election may be held in the UK sooner than the scheduled 5 May 2022.  Given current political turbulence, the prospect of Labour winning any such snap election can no longer be dismissed.  If this happens, a future Labour government led by Jeremy Corbyn and John McDonnell is expected to consider nationalising a range of assets.

Client Alert | May 9, 2019

Gibson Dunn Recognized by Global Arbitration Review

Global Arbitration Review ranked Gibson Dunn among the 2019 GAR 30, its annual guide to the world’s top 30 arbitration practices. GAR noted that the firm’s International Arbitration practice is “outstandingly skilled, fully available [and] capable of adapting efficiently to the evolving dynamics of the case.” The firm's profile was published on April 5, 2019.

Firm News | April 5, 2019

Gibson Dunn Ranked in the 2019 UK Legal 500

The UK Legal 500 2019 ranked Gibson Dunn in 13 practice areas and named six partners as Leading Lawyers. The firm was recognized in the following categories:

Firm News | November 21, 2018

Gibson Dunn Ranked in Chambers UK 2019

Gibson Dunn was recognized with two firm and 14 individual rankings in the 2019 edition of Chambers UK.

Firm News | November 2, 2018

Why We Think the UK Is Heading for a “Soft Brexit”

Our discussions with politicians, civil servants, journalists and other commentators lead us to believe that the most likely outcome of the Brexit negotiations is that a deal will be agreed at the “softer” end of the spectrum, that the Conservative Government will survive and that Theresa May will remain as Prime Minister at least until a Brexit deal is agreed (although perhaps not thereafter).

Client Alert | October 10, 2018

Essar v. Norscot: Are The Costs Associated With Third Party Funding Recoverable?

London partner Jeffrey Sullivan is the author of "Essar v. Norscot: Are The Costs Associated With Third Party Funding Recoverable?" [PDF] published in the September 2018 issue of Transnational Dispute Management.

Article | September 13, 2018

Protections for Refugee Women and Children: Spotlight on the European Convention on Human Rights

Dubai of counsel Nooree Moola and London associates Sophy Helgesen and Rose Naing are the authors of “Protections for Refugee Women and Children: Spotlight on the European Convention on Human Rights,” [PDF] published as Legal Note No.

Publications | September 12, 2018

The Politics of Brexit for those Outside the UK

Following the widely reported Cabinet meeting at Chequers, the Prime Minister's country residence, on Friday 6 June 2018, the UK Government has now published its "White Paper" setting out its negotiating position with the EU.

Client Alert | July 12, 2018

Brexit – converting the political deal into a legal deal and the end state

In our client alert of 8 December 2017 we summarised the political deal relating to the terms of withdrawal of the UK from the EU with a two year transition.

Client Alert | March 12, 2018

Intra-EU Investment Treaties: Is It Time to Restructure Your Investment?

Yesterday, the Court of Justice of the European Union (CJEU) issued its much awaited ruling on the compatibility of intra-EU bilateral investment treaties (BITs) with EU law, in Achmea B.V.

Client Alert | March 7, 2018

Brexit – Initial deal agreed

The UK Government and the European Commission have issued a joint report setting out the progress of the phase 1 negotiations for the Brexit divorce terms.

Client Alert | December 8, 2017

The DIFC Court’s First Ever Judgment on State Immunity Is a Welcome Sign for Investors

The DIFC Court recently issued its first ever decision on sovereign immunity. Neither the UAE nor the DIFC has any legislation expressly conferring sovereign immunity upon foreign states.

Client Alert | October 3, 2017

UK Seeks Dispute Resolution Options Outside The CJEU

​London partner Cyrus Benson and associate Ceyda Knoebel are the authors of "UK Seeks Dispute Resolution Options Outside the CJEU," [PDF] published by Law360 on September 26, 2017.

Article | September 26, 2017

French Market Update – July 2017

France is great again?Many of you have read positive articles on the new government in France and its freshly elected President, Emmanuel Macron. Is it real?First, one needs to understand the context: a quasi-unknown individual a year ago, Mr.

Client Alert | July 20, 2017

Managing Project Risk to Secure Profit

The attached article originally appeared in a recent issue of Construction Week. It was written by Ryan Whelan, a senior dispute lawyer based in Gibson Dunn's Dubai office.

Client Alert | July 6, 2017

What the UK Election Result Means for Brexit

Theresa May's decision to call a snap UK general election has backfired.  The Conservatives emerged as the biggest party in yesterday's UK general election but lost their overall majority.  Theresa May's authority and leadership have been greatly weakened, perhaps even fatally damaged, by the shock result.  The Conservatives won 319 (down from 331) seats in the House of Commons.  A governing party needs 326 seats out of 650 seats for a majority.   The Labour party gained 29 seats, enjoying their biggest increase in the share of the vote since 1945.  A so-called "progressive alliance" between them and such of the minority parties as have indicated a willingness to work in coalition with Labour would not be sufficient to command an outright

Client Alert | June 9, 2017

Webcast: Are We Speaking the Same Language? Privilege Issues in Cross-Border Litigation, Investigations and International Arbitration

​For multinational companies, navigating the attorney-client privilege and work product protections in the cross-border context can be tricky. This webcast will attempt to bring clarity to how courts and arbitral tribunals address issues of attorney-client privilege and work product in the transnational context.

Webcasts | May 16, 2017

What the UK’s Snap General Election Means for Brexit

The UK prime minister Theresa May has called a surprise general election for 8 June 2017.  Earlier this week she won a House of Commons vote by 522 to 13 to override the standard five year fixed term between general elections.Theresa May is hoping the early election will convert her current working majority of 17 MPs in the House of Commons into a much bigger majority (with some predictions of a "landslide" victory).  The prime minister says this will strengthen her hand in Brexit negotiations and provide the "strong and stable leadership" the country needs.Brexit negotiations will begin in earnest after the elections in France (the first round takes place on 23 April 2017, with the top two candidates facing each other in a second run-off on 7

Client Alert | April 21, 2017

2016 Year-End Transnational Litigation Update

There were several significant developments in the transnational litigation sphere in 2016.  On August 8, 2016, a unanimous panel of the Second Circuit affirmed the judgment against New York lawyer Steven Donziger and two of his Ecuadorian clients, which granted Chevron equitable relief under the federal Racketeer Influenced and Corrupt Organizations Act ("RICO") and New York common law respecting a fraudulently procured $9.5 billion Ecuadorian judgment.  The Second Circuit's much-anticipated opinion represents a resounding victory for Chevron and other companies facing fraudulent litigation abroad.  Throughout 2016, courts in the United States continued to address key issues relating to their jurisdiction over transnational disputes and the extraterrito

Client Alert | April 18, 2017

UK Government Triggers Article 50

The UK government has today triggered Article 50 – the official legal notification to the EU that the UK is going to leave the bloc.  This means that, unless otherwise agreed with the EU member states, the UK will be out of the EU by end March 2019.

Client Alert | March 29, 2017

Analysis of March 6, 2017 Executive Order on Immigration

Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017, Executive Order restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.

Client Alert | March 7, 2017

Ninth Circuit Court of Appeals Issues Opinion Upholding Nationwide TRO of January 27 Immigration-Related Executive Order

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 10, 2017

Recent Developments Regarding Executive Order on Immigration

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

President Trump Issues Executive Order on Immigration

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

UK Supreme Court Rules Parliament Must Hold Vote on Article 50

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

Myanmar Arbitration: Progress Made and the Way Ahead

​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

UK High Court Rules That Parliament Must Vote on Triggering Article 50 Process for Brexit

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

Brexit – UK Government Sets Out Process to Leave EU by 2019

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

Resolving Commercial Disputes: The Way Forward for Myanmar

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

BREXIT – What Next? Key issues if you are doing business in or with the UK and the EU

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

BREXIT

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

Covered Investment

​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

India – Legal and Regulatory Update

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

DIFC Courts: A Gateway to Enforcing Foreign Judgments in Onshore Dubai

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 Government of India Amends the [Indian] Arbitration & Conciliation Act, 1996

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

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