Insights

Washington – November 24, 2021: Six members of Crowell & Moring’s International Dispute Resolutions Group will participate in panels in Washington Arbitration Week 2021, a forum on international arbitration for the Washington, D.C. legal community and the international and foreign community connected to it.  

Washington – July 20, 2021: Crowell & Moring’s International Dispute Resolution Group has been included in the 14thedition of Global Arbitration Review's GAR 100, a guide to the top 100 law firms with international arbitration capabilities. GAR is one of the leading journals of public and private arbitration.

Part Two of a Two-Part Client Alert Series. This Alert builds on the discussion in Part One, which surveyed Bear Creek (2017), Copper Mesa (2016), South American Silver (2018), Eco Oro (2021), and Lupaka (2025).

This Alert, the first in a two-part series, surveys the legal landscape at the intersection of two issues that increasingly shape the outcome of mining and natural resources disputes regarding the protections available to foreign investors under investment treaties, as enforced through Investor-State Dispute Settlement (ISDS). The first is the prior consultation obligation imposed on States under the Indigenous and Tribal Peoples Convention, 1989 (No. 169), adopted by the International Labour Organization (ILO 169). The second is social license, the practical acceptance of a project by surrounding communities, which is distinct from but related to the formal State consultation duty. This Alert examines these issues across five foundational ISDS decisions:

The ICCU is poised to become one of the most significant international compensation mechanisms of this generation. Crowell & Moring has the experience to help with your claim.

Ashley Riveira will speak on a panel.

The event will once again be held at the beautiful and historic National Building Museum. Their theme is Women in Politics, and they will be honoring U.S. Solicitor General Elena Kagan as the WBA Woman Lawyer of the Year. Past recipients of the award include Florence King, Elizabeth Dole, Justice Ruth Bader Ginsburg, and many more. Keynote remarks will be given by Melanne Verveer, Ambassador-at-Large for Women's Global Issues, U.S. Department of State.

Washington D.C. is the epicenter of investment arbitration. It has the headquarters of the International Centre for Settlement of Investment Disputes (ICSID), law firms specialized in investment arbitration, public international law and international commercial arbitration, international organizations, United States federal agencies specialized in investment arbitration, embassies, vibrant law schools, NGOs and think tanks. Washington D.C. Arbitration Week (WAW) is being launched to provide an organic D.C. forum in international arbitration for its legal community and the international and foreign community connected to it. WAW will further advance the analysis and discussion of developments reflected in arbitral awards, treaties and international instruments at the forefront of international arbitration.