Written by Christopher Smith (Associate, King & Spalding LLP, Atlanta)
On May 1, 2017, the United States Supreme Court issued its unanimous decision in Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co. (137 S.Ct. 1312). In its ruling, the Court addressed the expropriation exception to the Foreign Sovereign Immunities Act (the “FSIA”). The expropriation exception permits plaintiffs to bring claims in United States federal courts where a foreign state takes property rights in violation of international law through an agency or instrumentality that is engaged in commercial activity in the United States. (28 U.S.C. § 1605(a)(3)).
Continue reading Expropriation under the Foreign Sovereign Immunities Act – Raising the Jurisdictional Bar
by André Pereira da Fonseca (Senior Associate at Abreu Advogados in Lisbon)
There are over 250 million people who speak Portuguese, being commonly identified as the sixth most spoken language in the world.
It is an official dialect in Angola, Brazil, Cabo-Verde, Equatorial-Guinea, Guinea-Bissau, Macau, Mozambique, Portugal, São-Tomé and Principe and Timor-Leste.
Business transactions are entered into daily within a vast territorial space that reaches from Macau’s ruins of Saint Paul, passing through the exotic city of Maputo unto the Brazilian State of the Amazonas. The area of the globe occupied by the current members of the “Community of Portuguese Language Countries” is of 10,742,000 km2 scattered over four continents.
Continue reading Portugal – A New Hub For International Arbitration Disputes
By Tadas Varapnickas, Associate at TGS Baltic, Vilnius
Since 1996, commercial arbitration in Lithuania has been regulated by the Law on Commercial Arbitration which was based on the provisions of the 1985 UNCITRAL Model Law on International Commercial Arbitration. In 2012, the Lithuanian Parliament revised the Law in accordance with the 2006 amendments to the UNCITRAL Model law. Furthermore, in order to emphasize its international origin, Article 4(5) of the Law establishes that the provisions of the Law should be interpreted in light of the UNCITRAL Model law.
Continue reading Lithuania takes Steps to Facilitate Post-Arbitral Court Proceedings and to Maintain Confidentiality during the Arbitral Process
By Eric van Eyken, Associate at Hanotiau & van den Berg
Despite apparent “America First” language in the US Summary of Objectives for the NAFTA renegotiation which appear contrary to the minimum standards of treatment and fair and equitable treatment, those protections are likely to remain in a new NAFTA.
Continue reading Is America First the End of FET?
By Mr. Nguyen Manh Dzung, MCIArb, Managing Partner of Dzungsrt & Associates LLC and Ms. Dang Vu Minh Ha, Associate at Dzungsrt & Associates LLC
On 24 February 2017, the Government of Vietnam promulgated Decree No.22/2017/ND-CP on Commercial Mediation (the “Decree”). It is the first legislation specifically governing commercial mediation in Vietnam. The Decree is inspired by the UNCITRAL Model Law on International Commercial Conciliation (the “UNCITRAL Model Law”), but includes several local modifications. From the drafting process, the Decree has attracted the attention and comments of experts and practitioners not only from Vietnam but also from the international community.
Continue reading Enforcement of Mediated Settlement Agreements in Vietnam: A Step Forward for The International Trend?