May 10, 2017, Law360

Miguel López Forastier is quoted in a Law360 article examining the International Centre for Settlement Investment Disputes' updates to its rule amendment project. According to López Forastier, “The Centre is focusing on all the critical areas that require updates to keep up with the changes and developments of the last ten years.” He adds, “The process also ...

May 4, 2017, Covington Alert

Investments in developing economies offer substantial benefits for many reasons, including their growth potential. But they often come with greater economic and political risks. Investment-protection treaties are an important and relatively inexpensive tool to manage some of those risks.

Most bilateral and multilateral investment treaties provide foreign investors with substantive and procedural protections, including the right to bring a claim directly against the foreign country before an independent arbitration tribunal. That right is all the more important following the ruling this week by the Supreme Court in Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling. In a unanimous opinion for the eight-Justice Court (Justice Gorsuch did not participate), Justice Breyer addressed the provisions of the Foreign Sovereign Immunities Act (FSIA) that allow for an exception to sovereign immunity when a foreign sovereign expropriates property “in violation of international law” and that property is owned or operated by an instrumentality of the foreign state engaged in a commercial activity in the United States. 28 U.S.C. § 1605(a)(3).

April 28, 2017, Inside Energy & Environment

A recently-published NAFTA arbitration award in Windstream Energy LLC v. Government of Canada illustrates the perils of investing in clean energy projects in jurisdictions with ever evolving regulatory and policy frameworks.  The case is also a good reminder of the importance of investing in foreign jurisdictions through vehicles incorporated in countries that ...

March 11, 2016, Global Arbitration Review

Miguel López Forastier is quoted in this Global Arbitration Review article regarding a recent ruling in favor of client Tidewater after an ad hoc ICSID committee finds it had the power to order a partial stay of enforcement resulting in an award of $27.4 million in damages. According to López Forastier, this decision is a “first of its kind.”

September 2015, Arbitration World, Co-author

February 13, 2015, Covington Alert

September 9, 2013

NEW YORK, September 9, 2013 — Covington & Burling is expanding its international commercial arbitration capabilities and reach into Latin America with the addition of Nicole Duclos. Ms. Duclos joins the firm’s New York City office as of counsel along with associates Erin Thomas and Thomas Odell. The team’s arrival enhances the firm’s international arbitration ...

June 29, 2012, IV Congreso Latinoamericano de Arbitraje

October 3, 2011

WASHINGTON, DC, October 3, 2011 — Covington & Burling LLP announced today that 10 of its lawyers have been elected to the firm’s partnership effective October 1. This group is comprised of diverse and talented individuals who have made their mark at Covington through exceptional work and the highest standards of client service. “We’re delighted to welcome these ...

2011, Instituto Peruano de Arbitraje vol 1

April 5, 2010, Int. Finance & Treasury

February 17, 2010, Covington Advisory

4/7/2009

WASHINGTON, DC, April 7, 2009 — Covington & Burling LLP is pleased to announce the promotion of four lawyers to of counsels and special counsels. The new of counsels are as follows:  Heather Haberl represents local, regional, and national owners, developers, property managers, tax-exempt organizations, and other users in all aspects of real estate ...