...sensitive to environmental policy concerns. In this regard, counterclaims can play a crucial role in ensuring that a host state’s commitment to protect the environment is taken into consideration by...
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...Mar. 17, 2006); Chemtura Corp. v. Government of Canada, Award, ¶ 266 (UNCITRAL Aug. 2, 2010). [15] Republic of Korea v. Mohammad Reza Dayyani [2019] EWHC (Comm) 3580 [17] (Eng.)....
How Long Is Too Long? Reviewability and Indirect Expropriation in ...
...https://www.asil.org/insights/volume/22/issue/15/2018-proposals-amendments-icsid-rules-icsid-enters-era-trump-populism#_edn3. [8] Id. [9] Supra note 1. [10] Supra note 7. [11] Id. [12] The Government of Canada’s Comments on the Proposed Revisions to the ICSID Arbitration Rules, https://icsid.worldbank.org/en/amendments/Documents/Canada_Comments_12.28.18.pdf (last...
ICSID Rules Amendments: Two Major Proposed Reforms and Reactions from ...
Author: Martin Kwan* Jurisdiction: Canada United States Topics: Contents of the Arbitration Agreement Enforceability of Arbitration Agreements Existence and Validity of Agreement to Arbitrate Jurisdiction and Powers of the Courts...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
Author: Samarth Khanna* Jurisdictions: India Topics: ICSID New York Convention Arbitrability Enforcement of Awards Domestic Proceedings in Investment Arbitration Abstract Usually, investment arbitration awards are passed, recognized and enforced...
Is the New York Convention Applicable for the Enforcement of ...
...that while “differences [between the way men and women judge] mostly do not exist”, legitimacy and “notions of fairness” are defeated if women cannot participate.[6] She also argues that female...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
Authors[1]: Flávio Luiz Yarshell*, Michael A. Fernández**, Gustavo Favero Vaughn*** Jurisdiction: Brazil Canada United States Topics: Discovery Specialized Arbitration International Litigation In ZF Automotive U.S., Inc. v. Luxshare, Ltd.,...
A Pathway to Obtaining Discovery in the United States in ...
...(June 24, 2019), https://jusmundi.com/en/document/pdf/Decision/PCA-Tennant-24062019-3741/en/en-tennant-energy-llc-v-government-of-canada-tribunals-communication-to-the-parties-monday-24th-june-2019. [8] GDPR, supra note 1, Arts. 4(7)-4(8). [9] Opinion 1/2010 on the concepts of “controller” and “processor”, at 28-29 (Feb. 16, 2010), https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2010/wp169_en.pdf. [10] ICCA-IBA Roadmap,...
International Arbitration: A Miscellany of Data Protection Regimes and its ...
...the “Rosatti Doctrine”: Ten Reasons Why ICSID’s Standing Provisions Do Not Discriminate Against Local Investors (Vol. 15(3-4) June 2006) Aditya Sengupta, Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying...
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...legacy treaties, with approximately sixty-six instruments terminated between 2016 and 2019. The Union Cabinet concurrently approved a revised Model BIT in December 2015, published in 2016, which adopts an enterprise-based...
The Nationality and Substance Thresholds in Investor-State Jurisdiction: Reassessment ...
...Or a big initial claim might create stronger pressure on the state given that claimants often pass the information about the amount claimed to the media. It can possibly make...
Tax Gross-up in Investment Treaty Arbitration: Legitimate Concern or a ...
...a decisive factor. Written by authors who share both an academic interest in sports law and a passion for football, this article seeks to examine the historical background of the...