...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...
Search Results for : Canada
Author: Michael Sweig* Jurisdictions: British Columbia Canada Baja California Sur Mexico Topics: Applicable Conflict-of-Laws System Enforcement of Arbitral Awards Relief and Remedies in General I. Introduction A shareholder loan creditor...
Dépeçage in International Commercial Arbitration
...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...
The Ethyl Arbitration: First of Its Kind and a Harbinger ...
Author: Harsh Khanchandani* Jurisdiction: India United Kingdom Canada United States Australia Topics: Agreement to Arbitrate Enforcement of Arbitration Agreement Existence and Validity of Agreement to Arbitrate Commercial Disputes Introduction...
One Word, Two Worlds: What “Can” really means in Permissive ...
...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...
Government to Government Dispute Resolution under NAFTA’s Chapter 20: A ...
...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 ...
...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 ...
...PDF *Partner, Burnet, Duckworth & Palmer LLP, Calgary, Canada, LL.M. (Columbia), LL.B. (U.B.C.), B.A. (Queen’s). My thanks to Robert H. Smit for inspiring me to write this article, challenging and...
The Lesser Evil: How and Why Litigation Over Arbitration Awards ...
...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...