Insights

Washington – August 20, 2026: The Best Lawyers in America® has recognized 57 of the firm's attorneys in its 2027 edition, a testament to the firm's deep bench of legal talent across practices and offices nationwide. In addition, 29 attorneys have been named to the Best Lawyers: Ones to Watch® list, recognizing outstanding attorneys earlier in their careers. 

Washington – August 15, 2024: The 2025 edition of The Best Lawyers in America® has recognized 42 Crowell & Moring lawyers as "Best Lawyers" and 29 lawyers as “Ones to Watch.”

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:

Of particular interest for investors with interests in Canada or the UAE, for counsel advising on treaty coverage, dispute strategy, or treaty design, the Canada-UAE FIPA is essential reading and the clearest evidence yet of where Canada's investment treaty practice stands over 30 years after NAFTA came into force.

This panel will discuss different practical aspects related to witness testimony, including: when is witness testimony necessary; how to effectively draft a witness statement; how should a witness prepare for a hearing; tips on how to prepare a cross-examination; and how to be an efficient “second chair”. 

This WAW panel will provide a deep understanding of the impact of the new era of Interim President Juan Guaidó on investment arbitration and dispute resolution, especially as the Maduro regime regains space. As a significant portion of BIT claims against Venezuela still remain before ICSID, claims favorable to foreign investors against Venezuela may still be influenced by Maduro’s current government. The panel will discuss the following: 

The repatriation of funds has continued to be a serious problem in Venezuela. On March 9, 2016, the Government of Venezuela announced the creation of two new foreign exchange platforms: DIPRO and DICOM, as another attempt to “ease” its strict system of exchange controls. Companies have been subjected to eight exchange platforms of similar structure since 2003. While currency exchange has become increasingly difficult, if not impossible, in Venezuela, many companies have been forced to write off large balances and curtail operations. The lack of a free currency exchange market continues to implicate Venezuela’s international law obligations under bilateral investment treaties (BITs). Depending on how companies have structured their investments in Venezuela, remedies may be available for foreign investors to seek a negotiated solution or pursue international arbitration to recover their funds and obtain compensation for losses suffered.