...the purposes of the Convention.[19] Courts in several jurisdictions, such as the US[20] and Canada[21] (both countries having made the Commercial Relationship Reservation), have also held that investment arbitration awards...
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...
...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?...
...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...
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.,...
...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...
...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...
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,...
...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: 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...
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