...GDPR impacts the arbitral process, an assumption that was first pointed out in Tennant Energy v. Canada.[7] The ICCA-IBA task force, in the guidelines, has addressed this concern and elaborated...
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...Agreements with Canada, Mexico, and the US and the Potential Consequences for Developing Countries (Blog, November 11, 2018) Kate Joohyun Lee, Investment Arbitration for Debt Disputes: Undermining Human Rights Compliance?...
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...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 ...
...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...
Event Report: Exploring International Investment Law and Disputes in Central ...
...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...
North American Free Trade Agreement: Dispute Resolution Procedures* – Vol. ...
...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: 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,...
A Closer Look at the New SVAMC Guidelines for AI ...
...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. ...
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. ...
...which clarified the FET standard in NAFTA as being aligned to the minimum standard of treatment in international law. The tribunal in Pope & Talbot v. Canada (UNCITRAL 2002), after...
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and 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...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...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...