Introduction Cross-border e-commerce has transformed an ordinary consumer purchase into a potentially international legal transaction. A consumer living in Türkiye may purchase a mobile phone from a German seller through Amazon, handmade jewellery from a Canadian merchant through Etsy, electronic equipment from a Chinese trader through Temu, or a second-hand product from a seller located […]
Bilateral Investment Treaties, Indirect Expropriation, Legitimate Expectations and the State’s Right to Regulate Foreign investment frequently depends on governmental decisions. An investor may acquire land, establish a company, construct an energy facility, purchase shares in a regulated business, obtain a mining licence, develop infrastructure, enter into a concession agreement or invest hundreds of millions of […]
Introduction Cross-border mergers and acquisitions frequently involve some of the most sophisticated contractual arrangements in international commerce. A single acquisition may involve a share purchase agreement (“SPA”), shareholders’ agreement, disclosure letter, escrow agreement, warranty and indemnity insurance policy, transitional services agreement, management agreements, financing documents and multiple ancillary contracts governed by different laws. The transaction […]
International Commercial Arbitration in Cross-Border Transactions: Jurisdiction, Applicable Law and Enforcement of Awards When companies negotiate an international contract, the arbitration clause is often treated as boilerplate. Commercial teams spend weeks negotiating price, delivery obligations, warranties, limitation of liability, financing arrangements and termination rights. The dispute-resolution clause may receive only a few minutes of attention […]
Sanctions Clauses, Force Majeure, Illegality, Banking Restrictions, Currency Risks, Russia-Related Measures and Enforcement of Arbitral Awards Economic sanctions have become one of the most significant sources of legal risk in international commercial transactions. A contract may be perfectly lawful when signed and commercially viable when performance begins, yet become extraordinarily difficult—or legally impossible—to perform after […]
Introduction Mining projects are among the most capital-intensive investments in the global economy. Exploration may continue for years before commercial feasibility is established, while mine construction frequently requires hundreds of millions—or several billions—of dollars before meaningful production revenue is generated. Historically, mining companies have relied primarily on equity, corporate debt and conventional project finance. Over […]
Introduction Energy and mining projects are unusually exposed to political and regulatory risk. A foreign investor developing a gold mine, copper project, solar power plant, oil field, natural gas infrastructure or electricity-generation facility may invest hundreds of millions of dollars years before the project generates meaningful revenue. Once the capital has been committed, however, the […]
Mine Closure, Site Rehabilitation, Historical Contamination and Environmental Risk Allocation in Cross-Border Investments Large energy and mining projects are usually assessed at the beginning of their life cycle through questions of licensing, financing, construction, production and profitability. Yet some of the most significant legal and financial liabilities may arise after commercial operations have ended. A […]
Licensing, State Policy, Supply Chain Security and the New Legal Architecture of Critical Mineral Investments Critical minerals have moved from the technical margins of mining law to the centre of global economic, energy and national security policy. Lithium, copper, nickel, graphite, cobalt and rare earth elements are indispensable to electric vehicles, battery storage, renewable energy […]
International Pipeline Projects: Transit Agreements, Land Rights and State-to-State Legal Issues A cross-border oil or natural gas pipeline is much more than an infrastructure project. It is simultaneously a commercial asset, an energy-security instrument, a foreign investment, a land-use project and, in many cases, a geopolitical arrangement between several sovereign States. A pipeline may begin […]