Articles by Charles Rosenberg
Look Before You Leap! - The Importance of Properly Structuring International Investments in the Mining Sector
Investments in the mining sector are commonly subject to strict regulation across the globe and face unique regulatory, environmental and geopolitical risks. Managing mining projects becomes more challenging for investors operating in foreign markets. It is not rare that the confluence of political and social pressures results in a government taking measures that adversely affect foreign investors.
EU and Ukraine to recognize and enforce each other’s court decisions | JD Supra
On April 24, 2023, the EU Council announced that it will seek treaty relations with Ukraine under the framework of the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters 1 (the “Judgments Convention” or the “Convention”). The Convention will enter into force between the EU and Ukraine on September 1, 2023.
SDNY Rules Section 1782 Discovery Unavailable for Use in ICSID Arbitration | JD Supra
Summary On December 19, 2022, the SDNY further restricted the use of Section 1782 discovery by ruling that an ICSID tribunal constituted under the Italy-Panama BIT does not qualify as a “foreign or international tribunal” within the meaning of Section 1782. Background 28 U.S.C. § 1782 (“Section 1782”) provides that a U.S. district court may order the production of “testimony or statement or . . .
The United States Signs the 2019 Hague Judgments Convention | JD Supra
On March 1, 2022, the United States became the sixth State to sign the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“Judgments Convention”).1 If ratified, the Judgments Convention will enable judgment holders to limit the “myriad of substantive, procedural, and practical hurdles” often encountered in enforcing judgments in foreign jurisdictions.2 Current U.S. Law on Foreign Judgment Recognition The procedure for the recognition...
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