...discrimination by one Party against investors of another Party, favoritism and protectionism for a Party’s own products or industries, environmental issues, and job flight. The United States-Canada Free Trade Agreement...
Search Results for : Canada
...their government performs during the proceeding and the arbitration’s final outcome. In SD Myers, Inc v. Canada,[21] the UNCITRAL Tribunal observed that the general principles of confidentiality exist in a...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
Author: Loukas Mistelis* Published: December 2009 Jurisdictions: Australia China Hong Kong Japan Germany Switzerland Canada Topics: Settlement ADR ICCA Description: I. INTRODUCTORY REMARKS Settlement in international arbitration has been a...
The Settlement-Enforcement Dynamic in International Arbitration* – Vol. 19 No. ...
...re-emerged to the center of debates in context of the Comprehensive Economic and Trade Agreement between the EU and Canada, and the possible establishment of a European multilateral investment Court.[7]...
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
...S.D. Myers, Inc. v. Canada,[3] the issue concerned a ban on the importation of a waste material, Polychlorinated Biphenyl (PCB). Thus, environment-related disputes can be at the core of investment...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...under the United States – Canada Free Trade Agreement (“CFTA”) are also briefly discussed. In the interest of full disclosure of possible prejudices as well as the sources of otherwise...
Government to Government Dispute Resolution under NAFTA’s Chapter 20: A ...
...first final award on patents in international investment law. The North American Free Trade Agreement (“NAFTA”) Tribunal decided that judicial and statutory changes to Canada’s national law over time, which...
Not Patently an Investment: Enforcing Intellectual Property Claims in Investment ...
...liberal approach with respect to requests from foreign arbitral tribunals. The Supreme Court of Canada held that “the granting of an order for examination, being discretionary, will depend on the...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...two jurisdictional awards: Ethyl Corporation and the Government of Canada (the “Ethyl Award”). It canvasses the various arguments made before the tribunal, and evaluates the tribunal’s decisions in respect of...
The Ethyl Arbitration: First of Its Kind and a Harbinger ...
Author: Jeremy R. Stewart* Published: December 2019 Jurisdictions: International Turkmenistan Mexico Canada United States Europe Japan Topics: Investment Disputes States as Parties WTO Description: I. INTRODUCTION Many countries are in...
Examining New Approaches to the Interpretation of MFN Clauses in ...
...positions and arguments fully known to the tribunal. Download Full PDF *Senior partner in the law firm of Ballem McDill MacInnes Eden, Calgary, Alberta, Canada. The author was a member...
Fast-Track on the International Scene – Vol. 2 No. 2
...the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union and its Member States to be compatible with EU law.[32] This raises the question of whether the...