Helene Gogadze

January 19, 2016 | New York Law Journal

Joseph J. LoBue and Helene Gogadze write that international arbitration tribunals have held that the guarantee of "fair" and "equitable" treatment for foreign investors precludes treaty states from administering justice in local proceedings in a manner that deprives foreign investors of due process rights. Such "denial-of-justice" findings are rare, but one was made in a recently published award in 'Dan Cake S.A. v. Hungary'.

By Joseph J. LoBue and Helene Gogadze

10 minute read

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

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