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Regulatory Expropriation and Legislative Change: Navigating the Boundaries of Sovereign Power26 February 2026
We explore the concept of regulatory expropriation, drawing the distinction between legitimate regulation and indirect expropriation and highlighting strategic considerations for both investors and states.
Mining the Deep Sea: Navigating the Exploration License Process in the US25 February 2026
For entities interested in exploring the deep sea, a thorough understanding of the process for applying for an exploration license in the US is critical to ensuring regulatory compliance and enhancing the prospects of successfully obtaining license approval.
Mining the Deep Sea: How the US is Unlocking the Ocean’s Critical Minerals16 January 2026
In the global push for clean energy transition and growing demand for critical minerals, the US offers a clear, regulatory path forward for deep seabed exploration and commercial recovery.
Proving Denial of Justice in Investor-State Disputes2 December 2025
Denial of justice claims are powerful tools in investor-State dispute settlement but require high standards of proof and strategic planning to effectively address serious judicial misconduct.
Indaba 2025: Allegations of corruption and fraud in investment treaty arbitration3 February 2025
This article examines allegations of corruption and fraud in investment treaty arbitration with a focus on recent cases involving African States.
Indaba 2025: Commencing ISDS Claims, Seeking Remedies and Enforcing Awards in Africa29 January 2025
A practical guide to commencing ISDS claims, seeking remedies and enforcing ISDS awards in Africa.
Indaba 2025: Treaty Protections for Resource Investments in Africa24 January 2025
An examination of investment protections for foreign resource sector investments in Africa, including key recent investor State dispute settlement awards.
Seabed Mining in Exclusive Economic Zones: Key Considerations for Investors, Mining Companies and Regulators8 January 2025
A range of States are increasingly examining the potential benefits of allowing seabed mining within their exclusive economic zones. We consider some key legal and regulatory issues for regulators, investors and mining companies.
Negotiating aircraft leasing agreements: dealing with dispute resolution clauses and the benefits of arbitration2 October 2024
Aircraft leasing is often used by airlines and other aircraft… Read more
Proposed E-Commerce Agreement Text Released at the WTO: Key Provisions and Next Steps5 August 2024
Negotiations have substantively concluded among 80-plus WTO Members on a new set of digital trade rules that could cover up to 90% of global trade once implemented. We take a look at what the rules contain and what comes next for this critical initiative in Geneva.
