Elliot E Polebaum

December 03, 2015 | New York Law Journal

In their International Investing column, Elliot E. Polebaum and Helene Gogadze discuss a recent investor-state arbitration in which a tribunal decided that the actions of the Omani state-owned enterprise Oman Mining Company were not attributable to Oman, and therefore the state of Oman could not have breached its obligations under the U.S.-Oman Free Trade Agreement.

By Elliot E. Polebaum and Helene Gogadze

11 minute read

December 02, 2015 | New York Law Journal

In their International Investing column, Elliot E. Polebaum and Helene Gogadze discuss a recent investor-state arbitration in which a tribunal decided that the actions of the Omani state-owned enterprise Oman Mining Company were not attributable to Oman, and therefore the state of Oman could not have breached its obligations under the U.S.-Oman Free Trade Agreement.

By Elliot E. Polebaum and Helene Gogadze

11 minute read

November 18, 2015 | New York Law Journal

Elliot E. Polebaum and Eugene N. Hansen write that the straightforward Navarro rule—that the citizenship of the trustee determines the citizenship of the trust for purposes of federal court diversity jurisdiction—no longer applies in at least three circuits. These courts have applied a later Supreme Court decision to hold that the citizenship of trust beneficiaries must be considered in determining the citizenship of a trust, a conflict the Supreme Court has decided to address.

By Elliot E. Polebaum and Eugene N. Hansen

12 minute read

November 17, 2015 | New York Law Journal

Elliot E. Polebaum and Eugene N. Hansen write that the straightforward Navarro rule—that the citizenship of the trustee determines the citizenship of the trust for purposes of federal court diversity jurisdiction—no longer applies in at least three circuits. These courts have applied a later Supreme Court decision to hold that the citizenship of trust beneficiaries must be considered in determining the citizenship of a trust, a conflict the Supreme Court has decided to address.

By Elliot E. Polebaum and Eugene N. Hansen

12 minute read

February 11, 2015 | New York Law Journal

Elliot E. Polebaum and Helene Gogadze write: It is perfectly legitimate for an investor to seek to protect itself from the general risk of future disputes with a state in which it invests, and to do so by structuring the investment in a way that the investor considers beneficial. However, corporate reorganizations that change the nationality of an investor to manufacture International Centre for Settlement of Investment Disputes jurisdiction can be problematic.

By Elliot E. Polebaum and Helene Gogadze

13 minute read

February 11, 2015 | New York Law Journal

Elliot E. Polebaum and Helene Gogadze write: It is perfectly legitimate for an investor to seek to protect itself from the general risk of future disputes with a state in which it invests, and to do so by structuring the investment in a way that the investor considers beneficial. However, corporate reorganizations that change the nationality of an investor to manufacture International Centre for Settlement of Investment Disputes jurisdiction can be problematic.

By Elliot E. Polebaum and Helene Gogadze

13 minute read

May 30, 2013 | New York Law Journal

Elliot E. Polebaum, a partner at Fried Frank, and Helene Gogadze, an associate at the firm, write that Whether or not to seek confirmation of the award in the jurisdiction where the award was rendered is an important decision: Award confirmation may enhance the prospects for enforcement in other jurisdictions.

By Elliot E. Polebaum and Helene Gogadze

13 minute read