Legal Articles: Mining Concessions, Arbitration, & Investment Disputes

Gavel resting on a wooden surface beside an open legal book, symbolizing dispute resolution and international arbitration in legal contexts.

Arbitrational Award vs. Judgment

Posted on April 4, 2023

International corporations are no strangers to dispute resolution processes, including arbitration, mediation, and litigation. However, once a dispute is resolved, the parties must enforce the decision, which can be a challenge when dealing with foreign countries. International corporations need to understand the fundamental differences between enforcing an international arbitration award and enforcing...

Magnifying glass focusing on the word "Incoterms," symbolizing international trade terms and responsibilities in global transactions.

The Significance of Incoterms

Posted on April 1, 2023

If you expand overseas, you must navigate a complex web of laws and regulations to get started. One important area to understand is international trade terms, known as Incoterms. These terms define the responsibilities and obligations of buyers and sellers in international transactions. Incoterms determine who bears the risk and costs of...

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Navigating International Franchising

Posted on March 29, 2023

In recent years, franchising has become a popular business expansion mode across borders. Franchisors not only use it to increase brand and business growth opportunities but also to provide a low-risk means to expand into new markets. However, franchisors face unique legal and economic challenges when they develop their brand beyond their...

Congratulations Alice McLaughlin, Chairwoman & CEO of SyncData!

Posted on March 29, 2023

Congratulations to our client, Alice McLaughlin, Chairwoman & CEO of SyncData, for being featured in Refresh Miami! Take a look and read about our client who successfully runs an international compliance and quality management company! See the Refresh...

Business professionals observing a world map projection, symbolizing international compliance and quality management.

An International Breach: What to do?

Posted on March 26, 2023

In the age of globalization, businesses frequently engage in international transactions. Although contracts exist, parties may still experience disputes that can lead to litigation, causing significant financial losses and lengthy legal proceedings. International arbitration is an increasingly popular option to resolve these disputes in a more efficient and cost-effective manner. This blog...

Mining trucks transporting materials in a large open-pit mining site, illustrating the challenges and opportunities in foreign direct investment in mining.

Mining: From Concession to Expropriation – What Are Your Possible Remedies?

Posted on March 23, 2023

Mining can be a lucrative business for foreign direct investors. However, the risks and challenges that come with mining can never be completely eliminated. Many countries have laws and regulations that govern mining operations, but there are situations where mining concessions can be revoked or expropriated. In this...

Construction Defect in ISDS

Posted on March 18, 2023

Construction defects can pose significant risks to international construction projects, leading to financial losses, delays, and safety concerns. When construction defects lead to legal disputes, foreign investors may seek redress through investor-state dispute settlement (ISDS) mechanisms and hold the Host Government accountable. ISDS (Primer on International Investment Treaties and Investor-State Dispute...

Type of Claims in Investment Dispute

Posted on March 13, 2023

When disputes arise between states and private entities, the parties turn to international arbitration to resolve their issues. International arbitration is a process in which a panel of experts reviews each party's claims and makes a ruling that all parties must abide by. An investor must understand the different claims he can...

City street with modern skyscrapers and digital energy icons representing connectivity, technology, and smart city solutions, reflecting themes of energy law and international energy transactions.

Can Price Inflation Justify Non-Performance in International Trade?

Posted on March 6, 2023

Welcome to Transnational Matters Energy SolutionsAt Transnational Matters, we specialize in providing expert legal and strategic advisory services for the global energy sector. Whether you operate in oil, gas, renewables, or emerging energy markets, our team ensures seamless cross-border transactions, regulatory compliance, and dispute...

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Does an Arbitrational clause survive past the termination of your contract? An overview of the separability doctrine.

Posted on February 26, 2023

If a contract is invalid or breached, the survival of an international arbitration clause becomes a question. Tribunals use Separability Doctrine to resolve contract termination in international arbitration. If you do not know what to do when you face an international breach of contract, please visit An International Breach: What to...

Introduction to Transnational Matters

Transnational Matters is a legal firm specializing in international law, providing valuable insights and articles to educate and inform its audience on complex legal issues related to international trade, litigation, and other relevant topics.

The content on this website aims to enhance understanding of international legal practices and challenges, offering analysis and expert perspectives on various legal clauses and their outcomes.

Impact of Price Inflation on International Contracts

This article examines the implications of price inflation on the performance of international trade contracts. It explores whether price inflation can be a valid justification for non-performance and the factors that courts and tribunals consider in making such determinations.

The analysis covers two important clauses - force majeure and hardship - and how they have been interpreted in recent cases, such as the International Chamber of Commerce award in the US-Chinese biotech dispute. Understanding these legal principles is crucial for businesses navigating the complexities of international trade agreements.

NAFTA Disputes and Investor Protections

This article discusses a recent NAFTA tribunal decision that rejected a US oil and gas company's claim against Canada for revoking a fracking permit. The case highlights the evolving landscape of investor-state dispute settlement under NAFTA and the challenges faced by companies seeking to protect their interests.

The article also examines the broader trend of countries withdrawing from investment treaties like the Energy Charter Treaty, and the implications for foreign investors. It provides insights into the factors driving these policy changes and the potential impact on cross-border investments and legal disputes.

Understanding the ICSID Arbitration Process

This section offers an overview of the International Centre for Settlement of Investment Disputes (ICSID), an international organization that provides a forum for the settlement of investment disputes between governments and foreign investors.

The article explains the ICSID's role, the types of disputes it handles, and the key features of the arbitration process. It serves as a valuable resource for both legal professionals and individuals seeking to understand the mechanisms available for resolving international investment-related conflicts.

Related Pages:

Introduction to Transnational Matters

Impact of Price Inflation on International Contracts

NAFTA Disputes and Investor Protections

Understanding the ICSID Arbitration Process