A recently-published NAFTA arbitration award in Windstream Energy LLC v. Government of Canada illustrates the perils of investing in clean energy projects in jurisdictions with ever evolving regulatory and policy frameworks. The case is also a good reminder of the importance of investing in foreign jurisdictions through vehicles incorporated in countries that have adequate investment-protection
Miguel López Forastier is a partner at Covington & Burling LLP in Washington, DC, whose practice focuses on international arbitration and litigation. Mr. López Forastier has successfully represented a wide range of clients, including those in the oil and gas, mining, communications, financial services, and food industries in both investor-State and commercial arbitrations. Recognized by Chambers Global, Chambers Latin America, and Legal 500 as a leading international arbitration lawyer, Mr. López Forastier’s work is praised by clients for his “thorough analysis, insightful advocacy, and consistently reliable judgment.” Both civil-law and common-law trained, Miguel handles contentious work in English, Spanish, and Portuguese.
Mr. López Forastier is a frequent lecturer on arbitration and international law issues at conferences and universities around the globe. He also sits as arbitrator.