Recovery Ukraine by Interlegal’s Post

Curious about family trusts and international investment treaty protections? Check out this insightful article on where the worlds collide: https://okt.to/b7qE8z. #FamilyTrusts #InvestmentProtection #InternationalLaw

In light of the recent reforms to Mexico’s Judicial Branch, it is advisable to consider treaty shopping for foreign investment protection, particularly given that certain protections under the USMCA have been phased out for Canada and the U.S., as outlined in the attached bulletin. In this evolving legal environment, leveraging international treaties can offer a valuable layer of security for foreign investments.

The article entitled "Reasonableness: a guiding light—A probe into the World Court’s landmark judgment on substantive standards of investment protection and its takeaways for investment treaty tribunals," co-authored by Mir Hossein Abedian Kalkhoran and I, was just published by the prestigious OUP Arbitration International. This article is one of the first published pieces comprehensively analysing the impact of ICJ's Judgment of 30 March 2023 in Certain Iranian Assets on investment treaty arbitrations. The particular focus of this article is on how the ICJ's interpretation of substantive standards of protection catered for in an FCN (namely, FET and non-expropriation obligations) was informed by investment treaty jurisprudence and how this Judgment can impact upon the interpretation of similarly-worded treaty standards in investment treaties by ISDS tribunals. 

The most recent judgment in The Czech Republic v Diag Human & Ors [2024] EWHC 2102 (Comm) demonstrates the impact of choosing between the ICSID or an ad hoc arbitration route for an investment treaty dispute carefully – and the potential culture shock between the approaches of those who sit frequently as arbitrators in investment treaty cases and the domestic courts who have to supervise such proceedings from time to time. In this case, Foxton J continued his efforts to use the analytical framework of the English lawyer to make sense of the plethora of conflicting investment treaty awards on such vexed issues as the meaning of “investment” under a bilateral investment treaty, as well as ratione temporis and the impact of subsequent changes in the holding of an investment. There is also a comprehensive analysis of how issue estoppel should be regarding for the purposes of s.67 de novo jurisdiction review.  https://lnkd.in/eyK825Md

The UK Government has published its response to the feedback received for its call for evidence on the National Security and Investment Act. In response to the feedback, the Government has signalled its intent to “fine tune” its foreign investment review regime with a series of further steps to be implemented between now and Autumn 2024. You can read about the details of the Government’s response on our Foreign Investment and National Security blog here: https://lnkd.in/eQvU8ygj #UK #foreigninvestment #NSIAct #nationalsecurity

The UK Government has published its response to the feedback received for its call for evidence on the National Security and Investment Act. In response to the feedback received, the Government has signaled its intent to “fine tune” its foreign investment review regime with a series of further steps to be implemented between now and Autumn 2024. You can read about the details of the Government’s response on our Foreign Investment and National Security blog here: https://lnkd.in/gXEn8_Tp #UK #foreigninvestment #NSIAct #nationalsecurity

Our lawyers review the final rule from the Committee on Foreign Investment in the United States (CFIUS), which expands its jurisdiction over real estate transactions involving foreign persons.

Australia’s Federal Treasurer, Jim Chalmers, has announced major changes to Australia’s foreign investment regime designed to safeguard economic and national security. Overseas investors with a proven track are set to benefit from accelerated approvals, whilst others can expect more scrutiny when investing in sensitive industries. The changes are being driven by ‘national security concerns’ and the Australian government’s new ‘Future Made in Australia’ policy. The revamp is designed to protect the government’s oversight over sensitive industries, such as supply chains, critical infrastructure, data and critical minerals, while streamlining applications in non-sensitive sectors from known investors with a good compliance record. https://ow.ly/vzGh50RuENM

The UK Government has published its response to the feedback received for its call for evidence on the National Security and Investment Act. In response to the feedback received, the Government has signaled its intent to “fine tune” its foreign investment review regime with a series of further steps to be implemented between now and Autumn 2024. You can read about the details of the Government’s response on our Foreign Investment and National Security blog here: https://lnkd.in/ecU9nqKb #UK #foreigninvestment #NSIAct #nationalsecurity