Investing in
foreign countries can be complicated, especially when governments lock horns with investor companies. Recent
developments show how important investment treaties can be in protecting contractual rights (especially with foreign states), in the event of a dispute. This article will focus on the recent dispute between the government of Mauritania and the Woodside joint venture and also the potential claims arising out of Bolivia’s nationalisation of its oil fields. Both are good examples of the important role that investment treaty arbitration may play in both managing contractual risk and ensuring continued protection of investments in foreign countries.
The European
Company Statute, adopted by EU Member States on 8 October 2001 and effective, at least in theory, since 8 October 2004, has created a legal
framework for a new kind of corporate entity, the European Company or “Societas Europaea” (“SE”). This Statute consists of a Regulation setting out the core company law framework and an accompanying Directive concerning employee involvement in the SE (i.e., information sharing and consultation process). However, the Regulation does not cover other areas of law such as taxation, competition, intellectual property or insolvency .