FCC Industry Analysis

Yukos Enforcement: ICSID vs. New York Convention Award Approaches in England

The English Commercial Court, in Hulley Enterprises Ltd & Ors v. The Russian Federation, granted enforcement of ICSID awards but declined to enforce costs and interest-on-costs components of New York Convention awards related to the Yukos arbitrations. This decision highlights differing judicial gatekeeping approaches for ICSID and New York Convention awards in England.

Supreme Court Ruling on IEEPA Tariffs Impacts Duty Refund Process

The Supreme Court has ruled against the use of the International Emergency Economic Powers Act (IEEPA) for enacting tariffs. While the ruling entitles importers to refunds, a specific process is still being developed by U.S. Customs and Border Protection (CBP) and the Court of International Trade (CIT). CBP is working on an ACE functionality to streamline refunds, with a target deployment in 45 days.

EC Seeks Technical Advice on Taxonomy Regulation Disclosures

The European Commission has requested technical advice from the European Supervisory Authorities (ESAs) on key performance indicators (KPIs) for the Disclosures Delegated Act under the Taxonomy Regulation. The EC aims to review and simplify taxonomy reporting, with advice due by October and potential amendments targeted for Q1 2027.

Australia Inbound M&A Volume Highest in Decade

Australia experienced its highest inbound M&A volume in over a decade during 2025, with 445 deals announced by overseas bidders. The total inbound deal value reached US$45.8 billion, a 47 percent increase from the previous year, driven by strong activity in the energy, mining, and utilities sectors.

Global Antitrust Fines Reached $7.7 Billion in 2025

A&O Shearman's March 2026 report indicates global antitrust fines rose to $7.7 billion in 2025, the highest since 2021. While the total number of infringement decisions decreased, the report highlights a strategic shift by regulators towards more efficient enforcement, focusing on key sectors and utilizing "soft" tools alongside targeted "hard" fines for deterrence and precedent-setting.

EU Proposes Industrial Accelerator Act with "Made in EU" Requirements

The European Commission has proposed the Industrial Accelerator Act (IAA) to bolster the EU's industrial base and boost demand for EU-manufactured products. The act introduces "Made in EU" requirements across strategic sectors, aiming to reduce dependencies and increase manufacturing's share of EU GDP.

OFAC and BIS Guidance on Cuba Oil Exports

The U.S. OFAC and BIS have issued new guidance on oil-related transactions involving Cuba. OFAC announced a favorable licensing policy for specific resales of Venezuelan oil to Cuba, while BIS clarified the use of License Exception SCP for U.S.-origin petroleum exports. The guidance aims to support the Cuban people and private sector while restricting dealings with government entities.

Global Regulation Diverging, Impacting Companies

A recent analysis suggests global regulation is moving towards divergence rather than convergence, creating new risks and strategic friction for multinational companies. This trend impacts areas like sustainability, AI, data protection, and antitrust, increasing compliance burdens and providing new leverage for activist investors.

USTR Section 301 Investigations into Excess Capacity

The U.S. Trade Representative (USTR) has initiated Section 301 investigations into structural excess capacity and production in 16 economies. The USTR is seeking public comments on these investigations, with a deadline of April 15, 2026.

India: INTERPOL Issues Silver Notice for Fugitive Economic Offender

India's Enforcement Directorate requested INTERPOL to issue a Silver Notice for Karan A. Chanana, chairman of Amira Pure Foods, in connection with an alleged Rs 1,200 crore bank loan fraud. The notice aims to trace and freeze assets acquired through criminal proceeds.