...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...
Search Results for : Canada
...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...
Not Patently an Investment: Enforcing Intellectual Property Claims in Investment ...
...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...
Using 28 U.S.C. § 1782 to Assist a Private International ...
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...
Examining New Approaches to the Interpretation of MFN Clauses in ...
...positions and arguments fully known to the tribunal. Download Full PDF *Senior partner in the law firm of Ballem McDill MacInnes Eden, Calgary, Alberta, Canada. The author was a member...
Fast-Track on the International Scene – Vol. 2 No. 2
...the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union and its Member States to be compatible with EU law.[32] This raises the question of whether the...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...at Columbia Law School. A recent graduate of Brown University, he was also the co-founding vice president of Pansophy Education Institute, an education and immigration company based in Vancouver, Canada....
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...Unlike the U.S. FSIA, which asserts jurisdiction over acts with “direct effects” abroad, the FSIL limits exceptions to acts physically occurring or directly impacting China. This approach mirrors Canada’s State...
China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...
...Canada and the EU and its Member States of 2017 (the “CETA”) providing for arbitration. That would constitute the only resolution of the EU validating such an agreement, basing its...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...most of those institutions have their own rules governing provisional measures. For example, the Brazil-Canada Chamber of Commerce (“CAM-CCBC”) largely tracks the Arbitration Act’s provisions on the question of provisional...
Provisional Measures in Aid of Arbitration in Brazil
...In some jurisdictions, it has been the courts who have expanded the ambit of review of an arbitral tribunal’s jurisdictional findings to review negative decisions. Courts in Canada, for example,...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...as an Avocat of the Bar of Quebec, Canada and as a Solicitor of the Supreme Court of England and Wales. She is a guest lecturer at Columbia Law School,...