Author: Jean Lambert Jurisdiction: United States Canada Mexico Topics: USMCA NAFTA Investment Disputes Last month, the US, Canada, and Mexico announced the terms of the “new NAFTA’, the USMCA; a...
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...Party shall fail to effectively enforce its environmental laws” as exemplifying “the importance attached by the US and Oman to the enforcement of their respective environmental laws” and the intent...
Navigating Climate Action and ISDS Risks for South Korea
...protectionist trade barriers between the U.S. and Canada, the two largest trading partners in the world. It reduces barriers to bilateral activities in the fields of energy, services, and investments....
Dispute Resolution Under Chapter 18 of the Canada-United States Free ...
...England, for instance, has recently upheld its prohibition of champerty as it relates to assignment of claims. In Simpson v Norfolk & Norwich University Hospital NHS Trust,[8] the English Court...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...the MST.[7] The tribunal held that the FTA entitled Eco Oro to legitimate expectations that Colombia would ensure a predictable business environment, which were violated in the confusing regulatory environment...
Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...
...3.36); the 2019 Australia-Hong Kong Investment Agreement (Art. 24); and the 2019 Agreement between the United States of America, the United Mexican States, and Canada (Art. 14.D.5). It would therefore...
India–UAE Bilateral Investment Treaty 2024: Breaking New Ground or Following ...
Author: Ashima Sharma* Jurisdiction: USA Canada United Kingdom Topics: Code of Ethics for Arbitrators Independence and Impartiality Introduction Parties to an arbitration have traditionally been somewhat conservative when bringing...
Regulating Arbitrator Conduct: Interplay between Independence, Impartiality and Disclosure
...products imported to the US[3]. Then, on April 3, 2025, a 25% import tariff was imposed on automobiles and automobile parts imported to the US.[4] On April 5, 2025, the...
Could foreign investors use BITs or FTAs to sue the ...
...decades has experienced a paradigm shift in its approach to cross-border litigation. Courts in Canada are more open to enforcing parties’ choices about foreign law and jurisdiction, enforcing foreign judgments...
Letters Of Request: Will A Canadian Court Enforce A Letter ...
...that otherwise arise in transboundary environmental disputes. More importantly, as seen in some of the decisions of national courts discussed in Part II above, reliefs were often rejected due to...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...Rules 2020: Reactive to Proactive, But is That Enough?, Kluwer Arb. Blog (Aug. 29, 2020), http://arbitrationblog.kluwerarbitration.com/2020/08/29/jurisdiction-clause-in-the-liability-limitation-provision-of-the-new-lcia-rules-2020-reactive-to-proactive-but-is-that-enough/. [4] ICC Dispute Resolution 2019 Statistics, The ICC 28 tbl. 8, https://iccwbo.org/publication/icc-dispute-resolution-statistics/. [5] Id....
Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...
...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...