...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]...
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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. ...
...investment arbitration and this has brought recent disputes. Ms. Haridi explains the difficulty using Global Telecom Holding S.A.E. v. Canada as an illustration.[19] In this case the tribunal stated: “the...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...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 ...
...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 ...
...award, has again been reinforced by a recent award in Eli Lily v. Canada.[19] In this award, the tribunal did not find any breach of NAFTA by the Canadian courts...
Judicial Expropriation in Investment Arbitration: Opening a Can of Worms?
...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 ...
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 ...
...In some jurisdictions, it has been the courts who have expanded the ambit of review of an arbitral tribunal’s jurisdictional findings to review negative decisions. Courts in Canada, for example,...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...based in Canada, has said, “Careful attention needs to be given to the emerging reality that an investment agreement can provide foreign investors with rights that are not available to...
The Weaknesses of the “Rosatti Doctrine”: Ten Reasons Why ICSID’s ...
...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...