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On 22 November 2022, the Energy Charter Conference is expected to vote on the proposed modernisation of the Energy Charter Treaty (the “ECT” or the “Treaty”), following an agreement in principle reached on 24 June 2022, after years of negotiations led by the EU Commission.

V&E International Dispute Resolution Update

November 21, 2022
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In 2007, the Kurdistan Regional Government (the “KRG”) enacted Oil and Gas Law No. 22 of 2007 (the “KRG Oil and Gas Law”). The Federal Government of Iraq (the “FGI”) had initially rejected the draft law, but the regional parliament within Kurdistan approved it on the basis of its view that the draft law was within the KRG’s competencies under the 2005 Constitution of the Republic of Iraq (the “Iraqi Constitution”).

V&E International Dispute Resolution Update

February 28, 2022
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Insight

When companies get into trouble, it’s common practice for the government to call on independent third parties to help clean up the mess. Companies under investigation by the Department of Justice (“DOJ”) often agree to have a court-appointed monitor as part of a Deferred Prosecution Agreement or Non-Prosecution Agreement. The monitor — generally a former…

November 22, 2021
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The ECJ has confirmed that intra-EU disputes under the ECT are not compliant with EU law. We discuss what impact, if any, this decision will likely have on the future of claims arising under the ECT.

September 8, 2021
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As schools across the country struggle to help students keep up with their studies during the pandemic, a New York-based nonprofit is having a moment — one that has the real potential to become a movement. “We see a world in which the basic paradigm flips and schools have new capabilities to meet the unique…

June 24, 2021
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Insight

A new sheriff is in town — and that means the potential for big changes ahead for white-collar criminal enforcement in terms of specific areas of focus and volume of investigations. White-collar probes are expected to rise now that President Biden is in the White House, reversing a trend that saw the prosecution of white-collar…

June 24, 2021
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Although emerging markets offer a wealth of investment opportunities, political instability and government responses to adverse events present risks for foreign investors. This article considers key dispute risks related to “force majeure” events in emerging markets, using Mozambique and Bangladesh as examples, and suggests mitigation measures for those risks.

March 29, 2021
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Insight

A Court of Appeal decision in December 2020 has provided further guidance on the interpretation of long-term gas supply agreements, particularly in relation to take or pay clauses.

February 15, 2021
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Insight

As one of the top former prosecutors in the country, Zachary Terwilliger has an intimate understanding of how to get clients out of the government’s crosshairs. He’ll counsel companies on how to avoid problems before they start; help clients identify existing problems and determine whether remediation is necessary; and zealously represent clients who are the…

February 9, 2021
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Insight

It was a moment that many had been anticipating for years, yet the latest crop of V&E partners didn’t fete their promotions with parties and champagne. Instead they fielded congratulatory phone calls, took part in virtual coffee breaks and held small celebrations at home with their families. But pandemic-related complications notwithstanding, the new partners —…

December 16, 2020
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Insight

It was cause for celebration for Vinson & Elkins partners Matt Stammel and Jim Thompson. On July 1, 2020, after a six-day trial, Judge Marvin Isgur of the Southern District of Texas Bankruptcy Court handed a complete victory to V&E client Gavilan Resources. Judge Isgur even took the unusual step of reading his lengthy opinion…

September 11, 2020