...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...
...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...
...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...
...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,...
...Eco Oro filed for arbitration against Colombia under the Colombia-Canada Free Trade Agreement (2008) (“FTA”). [1] The tribunal found that Colombia’s bans violated the treaty’s minimum standard of treatment, requiring...
...10, 2023). [48] Judgment SC264-2023, August 1, 2023 [49] The Court of Arbitration for Sport (CAS), the Sport Dispute Resolution Centre of Canada (SDRCC) and the Japan Sports Arbitration Agency...
...the US, the UK, Canada and the EU member states. This may be possible based on treaties on the legal assistance in civil matters, or by invocation of the principle...
...an Open Research Area (ORA7) in collaboration with the ESRC (UK), SSHRC (Canada), ANR (France/New Caledonia) and JSPS (Japan). Michael Raff: Michael Raff is an associate at Travers Smith LLP,...
...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,...
...undertakings and dispute settlement procedures. The EU has radically changed its position due to the criticism it faced during the EU-Canada Comprehensive Economic and Trade Agreement (“CETA”) and the Transatlantic...
...importer and a capital exporter. Using the recently signed China-Canada BIT as an example, Section V suggests prudential carve-outs determined by contracting states in concert as a helpful tool for...
...What Qualifies as a Reasoned Award?, American Bar Association (July 29, 2019), https://www.americanbar.org/groups/litigation/committees/alternative-dispute-resolution/practice/2019/what-qualifies-as-a-reasoned-award/. [9] Sean Stephenson & Benjamin Jarvis, Reasoning in International Arbitration: The Emergent Approach in Canada, 1(2) Can....
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