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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
United States | Publication | March 2024
In Morgan v. Sundance in 2022, the US Supreme Court made clear that no special rules apply to a waiver of an arbitration provision.
Though the case was decided less than two years ago, it has already been cited hundreds of times at the federal district court level, by every circuit other than the US Courts of Appeals for the First and Federal Circuits, and by seven state supreme courts.
As evidenced by those citations, Sundance has had immediate ramifications in federal courts regarding whether a party has waived the right to arbitrate, but it may take time for its impact to be felt on other federal issues and in state courts—creating either unity in waiver analyses or differences in waiver law depending on whether a party's motion to compel arbitration is brought in state or federal court.
Read "Assessing two years of high court's arbitration waiver ruling."
Publication
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Publication
On February 2, 2024, the Belgian Presidency of the Council of the European Union confirmed that the Committee of Permanent Representatives had signed the Artificial Intelligence (AI) Regulation, referred to as the AI Act. Approval by the EU Parliament followed on 13 March 2024, and the AI Act is likely to appear in the EU’s Official Journal around May 2024. The AI Act aims to establish a stringent legal framework governing the development, marketing, and utilisation of artificial intelligence within the region, thereby marking a significant advancement in the regulation of this burgeoning domain.
Publication
In the recent decision of Euronav Shipping NV (Euronav) v Black Swan Petroleum DMCC (BSP) [2024] EWHC 986 (Comm) (the Judgment), the English Commercial Court has underscored the role of comity in international disputes.
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