...the class actions involved non-mandatory law. I had therefore argued that only an opt-in type of class action was permitted and then only in non-mandatory class action arbitrations. That was...
Search Results for : %22Class Action%22
...Commission’s 2006 Draft Articles on Diplomatic Protection (hereinafter “2006 ILC’s Draft Articles”), a State may exercise diplomatic protection by invoking, through diplomatic action or other means of peaceful settlement, the...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...non-precluded measures (“NPM”) provisions of BITs, which exempt certain state actions taken in response to extraordinary circumstances from the substantive protections of the treaties, or the necessity defense under Article...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...had primary competence to decide whether the applicable arbitration law and rules authorized a class action. And it finally argues that if the tribunal could have ordered class action arbitration,...
Class Actions in International Arbitration: Applicable Rules and Law – ...
...past, courts had taken different positions on the question. Some courts had ruled class actions not permissible in arbitration, while other courts had ruled class actions permissible and directed the...
Class Actions In Arbitration* – Vol. 14 No. 1-2
...of laws.” The antitrust laws thus do not apply “where a restraint upon trade or monopolization is the result of valid governmental action, as opposed to private action.” Download Full...
A Question of Fairness: Should Noerr-Pennington Immunity Extend to Conduct ...
Author: Howard M. Holtzmann* Published: December 2003 Topics: Dispute Resolution and Litigation Class Action Description: The claims that I will be discussing today differ fundamentally from those typically resolved in...
Mass Claims Processes – Vol. 13 No. 1-4
...v Ghana,[12] Mr. Friedman argued that human rights violations should not lead to independently actionable claims. Such violations may impact the investor’s claim in other ways, including the possibility that...
Columbia Arbitration Day 2020
...deal with these accusations at any stage of the arbitral proceedings, not only at the end of the proceedings when the dissatisfied party files an annulment action before the court....
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
...be achieved. For example, in Tecmed, the Tribunal held that regulatory action for a public purpose would not exempt the State from investment obligations, particularly if the action “is sufficient...
Police Powers as a Defence to COVID-19 Liability: Does it ...
...inaction violated their right to equal protection under the law. Actions against Fossil Fuel Expansion Quite a few actions have sought to challenge governmental sanction of projects that facilitate...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...LaCroix, Dutch Court Rules Petrobras Collective Investor Action May Proceed, the D&O Diary, (Jun. 06, 2021), Dutch Court Rules Petrobras Collective Investor Action May Proceed – The D&O Diary (dandodiary.com)....