Investor-State Arbitration

Court Holds that Chinese Investor May Try to Enforce Arbitral Award Against Nigeria

Over the past two decades, China has invested heavily in Africa. A recent study found that between 2001 and 2018, China invested $41 billion in African countries and loaned an additional $126 billion. Some of these investments generated disputes, and some of those disputes are finding their way to U.S. courts. In a recent decision,…

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Lower Court Grapples with Supreme Court Ruling on Section 1782 and Investor-State Arbitration

Back in June 2022, the U.S. Supreme Court resolved a circuit split on the applicability of Section 1782’s discovery tools for private commercial arbitration, and simultaneously addressed a related issue of Section 1782’s use in investor-state arbitration. The investor-state issue came to the Court in the case of AlixPartners LLP v. The Fund for Protection…

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