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December 14, 2015 by Michelle Li

Doing Business in China: Third-Party Intermediary Payments Can Get a Company in Trouble under Anti-Corruption Laws

When companies enter into China, third-party partners and/or agents, such as consultants, distributors and brokers, are most often sought out and relied upon to establish the necessary local footholds and to navigate cultural and business barriers encountered in doing business there. Third-party agents, with ample local resources, are able to provide companies with fast and […]

Filed Under: Foreign Investment, Incentives & Barriers, Policy & Regulation Tagged With: Anti-Corruption, China, DOJ, FCPA, SEC

August 21, 2015 by Michelle Li

A Brief Review of Recent Foreign Corrupt Practices Act Enforcement (2014–2015)

Over the last 20 months, enforcement of the Foreign Corrupt Practices Act (“FCPA”) has continued to be a top priority for U.S. enforcement agencies. 2014 was a notable year in anti-corruption enforcement. While there were fewer FCPA enforcement actions in 2014 compared to 2013, the collection by the U.S. Department of Justice (“DOJ”) and the […]

Filed Under: Foreign Investment, Policy & Regulation Tagged With: FCPA, SEC

January 13, 2015 by PKR

ICSID claims against Spain mount, while private citizens take the state to court

A group of German and Spanish companies with interests in Europe’s largest solar power plant have filed a claim against Spain at ICSID under the terms of the Energy Charter Treaty (ECT). The case is ICSID’s first new filing of 2015, but hardly the first such challenge for the Spanish government. Spain is already the […]

Filed Under: Arbitration, Blog, Disputes & Agreements, Foreign Investment, Incentives & Barriers Tagged With: ICSID, Renewable energy, Spain

December 5, 2014 by PKR

Institute for Policy Studies fellow blasts investor-state arbitration in New York Times op-ed

In a recent op-ed for the New York Times, Manuel Perez-Rocha, an associate fellow at the Institute for Policy Studies, argues that prevailing mechanisms for the resolution of state-investor disputes are rigged against states. Arbitration mechanisms are particularly detrimental to poorer states, according to Perez-Rocha. Focusing on the arbitration currently under way between El Salvador […]

Filed Under: Disputes & Agreements, Foreign Investment, Incentives & Barriers Tagged With: Arbitration, El Salvador, ICSID

November 13, 2014 by Edward Rowe

Offsets on the Rise in Emerging Markets

One of the challenges for developing countries is how to balance spending necessary for national security with investing in the development of one’s national economy. Most developing countries do not yet have the capability to manufacture their own military equipment and technology. Thus, they must rely on foreign military sales. Because of the high cost […]

Filed Under: Foreign Investment, Incentives & Barriers, Policy & Regulation Tagged With: military, offsets

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