Insights

Washington – August 17, 2023: The 2024 edition of The Best Lawyers in America® has recognized 47 firm lawyers as "Best Lawyers" and 41 lawyers as “Ones to Watch.”

Washington – February 27, 2023: Global Investigations Review has named Crowell & Moring’s Investigations and White Collar & Regulatory Enforcement groups to its prestigious GIR 100 list, an annual guide to the world’s leading cross-border investigations practices. Based on extensive research, GIR selects 100 firms from around the world that it deems most able to handle sophisticated cross-border government-led and internal investigations. This is the eighth consecutive year that Crowell & Moring has made the list.

With the geopolitical and economic crisis in Russia and Ukraine growing rapidly from recent events, international commercial operations in the region will be severely impacted in some manner, and many such impacts will result in disputes.  The events surrounding the peso crisis in Argentina in early 2000s, as well as those in Venezuela from the actions of Hugo Chavez, and others arising out of the Arab spring, all resulted in dozens of international disputes. We may see the same from current events, and there will be dispute options available to numerous companies with operations in either country who are experiencing severe disruptions of operations, loss of profit, or destruction of property, including, potentially: investor-State arbitration, domestic litigation, or claims tribunal recovery.

For over 18 months, COVID-19 has relentlessly impacted businesses and commercial relationships in Latin America. In an effort to prevent the virus’s spread, governments across the region implemented lockdowns, gradual phased re-openings, and several other measures. With the recent spread of the Delta variant and vaccination rates remaining low compared to the United States, Canada and much of Europe, the region is expected to continue to experience outbreaks, and governments may be forced to impose further COVID-related restrictions.

On May 13, the Government of Canada released its “modernized and inclusive” Foreign Investment Promotion and Protection Agreement Model (“FIPA Model”), sending a message that it intends to continue to provide international dispute resolution protections to foreign investors. The original iteration of the FIPA Model dates to 2004, which Canada had stated built on its experiences with NAFTA. It subsequently released an updated iteration in 2014. The current FIPA Model reflects further updates based on stakeholder consultations in 2018-2019.

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.