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245 Park Member LLC v. HNA Grp. (Int’l) Co., 1:22-cv-5136-JGK (S.D.N.Y. July 25, 2022)[1] Factual Background In 2017, Petitioner 245 Park JV LLC, a U.S. affiliate of Respondent HNA Group (International) Company Limited (“HNA”), bought property at 245 Park Avenue in New York City. In June 2018, Petitioner 245 Park Member LLC made a preferred equity investment of $148 million in 245 Park JV LLC. As inducement for the investment, Petitioner secured contractual rights and protections, including…

A. LEGISLATION AND RULES A.1       Legislation International arbitration in Venezuela continues to be governed by the Commercial Arbitration Law, published in the Official Gazette of the Bolivarian Republic of Venezuela No. 36.430 on April 7, 1998, to which no legislative amendment has been made since. However, a new dispute board was created in 2019. This contemplates other projects of any nature contrary to prior Dispute Boards that are based on preventing engineering and construction conflicts.…

VENEZUELA Eugenio Hernández-Bretón, María Eugenia Salazar, Gabriel De Jesús, Héctor Martínez and María Alejandra Ruiz. A. LEGISLATION AND RULES A.1       Legislation International arbitration in Venezuela continues to be governed by the Commercial Arbitration Law, published in the Official Gazette of the Bolivarian Republic of Venezuela No. 36.430 on 7 April 1998. No legislative amendment has been made since. In addition, Venezuela is a contracting State to a number of arbitration treaties such as the 1911…

We are pleased to announce that we have published the first comprehensive empirical study on corporate restructuring and investment treaty protections, in collaboration with the British Institute of International and Comparative Law. The study examines all publicly available decisions of investor-state tribunals dealing with issues of corporate structuring and restructuring. Over 2,300 international investment treaties currently in force commit to promote and protect investments made by foreign investors. Through careful corporate restructuring, businesses seek to benefit…