JD Supra Trade Law

USTR Probes 17 Countries for Excess Manufacturing Capacity

The Office of the U.S. Trade Representative (USTR) has initiated Section 301 investigations into 17 countries for structural excess manufacturing capacity and production. The probe aims to address potential unfair trade practices and could lead to the imposition of tariffs.

FAR Council Proposes Rule Restricting Covered Semiconductor Products

The FAR Council has proposed a rule to implement Section 5949 of the FY 2023 NDAA, restricting federal agencies from procuring products or services containing certain covered semiconductor products from designated entities. The proposal includes requirements for contractor inquiry, certification, and potential reporting.

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.

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.

Podcast: UK vs. U.S. Investment Screening Regimes

Wiley Rein LLP published a podcast discussing the differences between the UK's investment screening regime under the National Security and Investment Act and the U.S. CFIUS program. The podcast features insights on evolving national security concerns and practical advice for businesses involved in cross-border investments.

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.

Third-Party Arbitration Funding: Turmoil and Growth in 2025

A March 2026 article discusses the turbulent year for third-party arbitration funding in 2025, noting industry consolidation and a significant fraud suit. Despite challenges, the sector saw continued international arbitration claims, with 7% of new ICSID cases in 2025 involving funders.

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.

Proposed Rule on Section 5949 NDAA Chip Supply Chain Ban

The FAR Council has issued a proposed rule to implement Section 5949 of the NDAA, clarifying prohibitions on certain Chinese semiconductor products and services in federal procurements. The rule aims to enhance supply chain security for government contractors and applies broadly to all federal acquisitions.