How investors can protect their international projects from resource nationalism and windfall taxes1 August 2024
This article explores how properly structured projects can be protected by investment treaties against such risks.
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UAE case law update – recent Dubai court of cassation judgment on recovery of legal costs in arbitration5 April 2024
Mostafa Emad and James Lehmann discuss a significant judgment issued by the Dubai Court of Cassation about the recovery of legal costs in arbitration.
Deep seabed mining insights: dispute settlement options under UNCLOS14 February 2024
Deep seabed mining contractors and Sponsoring States have several compulsory and binding dispute settlement options to enforce their rights and protect their investments under UNCLOS. Such options are critical to ensure that the International Seabed Authority and its member States comply with their legal obligations under UNCLOS.
Deep Seabed Mining Insights: The Rights of Sponsored Contractors under the UNCLOS Regime28 November 2023
This article outlines the rights of Contractors under UNCLOS, discusses the role of customary international law and highlights important considerations Contractors should keep in mind as negotiations at the International Seabed Authority progress.
Deep Seabed Mining Insights: The Role and Rights of Sponsoring States under the UNCLOS Regime26 September 2023
The International Seabed Authority failed to meet its July 2023 deadline to adopt regulations on the exploitation of deep seabed mineral resources. This article outlines the key legal rights of Sponsoring States under UNCLOS and highlights important considerations Sponsoring States should keep in mind as discussions continue on the development of the Authority’s regulatory regime for exploitation.
Deep Seabed Mining Insights: Potential Pitfalls with a “Precautionary Pause” to Deep Seabed Mining15 August 2023
As the International Seabed Authority concluded Part II of its 28th Session, a number of member States continue to call for a “precautionary pause” on deep seabed mining activities. This article examines this proposal and potential legal issues should it go ahead.
Deep Seabed Mining Insights: Understanding the International Seabed Authority and the Decision-Making Process for the Adoption of Exploitation Regulations31 July 2023
The International Seabed Authority is central to the regulation of deep seabed mining. This article provides an introduction to the Authority and its decision-making processes, and the ability of stakeholders such as prospective contractors to contribute to its work.
Deep Seabed Mining Insights: Possible Scenarios for Part II of the International Seabed Authority’s 28th Session4 July 2023
The International Seabed Authority is facing a key deadline in July 2023 when it is due to adopt regulations on the exploitation of deep seabed mineral resources. This article outlines the key legal issues for the July session and implications for Sponsoring States, contractors and investors with an interest in deep seabed mining.
Climate Change and Directors’ Duties – ClientEarth v Shell decision provides comfort for directors17 May 2023
In this article, we discuss the recent decision in ClientEarth’s action against Shell’s directors for alleged failure to comply with their duties to the company in relation to climate risk.
WFW names Sumeet Malhotra new Global Mining & Commodities Sector Co-Head alongside Jan Mellmann3 May 2023
Sumeet has been named Global Mining & Commodities Sector Co-Head alongside Jan Mellmann who has led the group for over 20 years.
Arbitration in the Energy Sector: Arbitration Experiences and Issues of Interest25 April 2023
We will discuss first-hand issues of interest and current concerns in relation to Energy Arbitration.
WFW obtains Cds suspension of Terna payments for ATS Power and CVA Energie20 December 2022
Watson Farley & Williams has obtained the suspension of payments requested by Italian electricity transmission grid operator Terna from ATS Power before the Italian Council of State.