Investor-State Arbitration Provisions under Colombian-US Free Trade Agreement

Chapter 11 of the North America Free Trade Agreement (NAFTA) was the first international trade agreement provision to give foreign investors a direct cause of action for investment disputes against the host government in a binding international tribunal, commonly known as “investor-state arbitration.”  However, NAFTA investor-state arbitration continues to be a source of debate.  Critics…

Bad Dim Sum: Lowered Risk Appetite Hampering Yuan’s Rise

Nicknamed “Dim Sum” bonds after Hong Kong’s favorite dining pastime, these securities were, until recently, considered the hottest financial innovation in Asia.  The fast-growing market in “Dim Sum” bonds had been an enticing choice for foreign investors. This is primarily because the bonds are bought and sold in Chinese yuan, a currency which had appeared…

Sanctions in Iran: How Effective Are they?

Sanctions are increasingly used to combat terrorism and to discourage regimes or individuals from acting in ways condemned by the international community or individual nations. However, the burning question is—How effective are these sanctions? In Iran’s case, economic sanctions have not stopped Iran’s leaders from moving forward with a nuclear program. They have instead prompted…

Legal Issues with Appointing Commercial Agents in Colombia

Engaging commercial agents in Colombia may be an attractive way of doing business for foreign entities wishing to enter and operate in the country without a legal presence. However, the Colombian Commercial Code provides special protections for local commercial agents against termination of their agency. It is therefore crucial for foreign companies to be aware…