...foreign direct investment in Kyrgyzstan’s mining industry, there was no BIT between Kyrgyzstan and Canada. Since Central Asian states have not historically drawn on their own model BITs during treaty...
...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...
...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...
...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]...
Author: Juan Perla* Jurisdiction: United States California New York Florida European Union France United Kingdom Canada Topics: Artificial Intelligence SVAMC International Character of Dispute Practice and Procedure On April 30,...
...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...
...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...
...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...
...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...
...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...
...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...
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...
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