...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...
Search Results for : United States
...be proven by post-contractual conduct. The issue arises not only in relation to individuals and groups of companies but also in relation to states, in particular when a state entity...
The Issue of Non-Signatory States – Vol. 23 No. 3-4
Authors: Shashwat Bhaskar* and Winy Daigavane** Published: April 2021 Jurisdictions: International United States United Kingdom Switzerland Australia India Jurisdictions: Commercial Disputes Arbitrability Competition and Antitrust Intellectual Property Investment Disputes Banking...
Arbitrability of Insolvency Disputes: Resolving the Conundrum – Vol. 31 ...
Author: Alan Scott Rau* Published: April 2009 Jurisdiction: United States Topics: Discovery Evidence Description: The law of discovery has been invested at times with unnecessary mystery. There are few fields...
Evidence and Discovery in American Arbitration: The Problem of Third ...
Author: Ira Rosenberg* Jurisdiction: United States Topics: Enforcement of Arbitral Awards Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Court Decisions Suppose a foreign arbitration court, in...
Taking It Over the Finish Line: The Eleventh Circuit Suggests ...
Author: Yulia Andreeva* Published: April 2009 Jurisdiction: United States Topics: Arbitrators and Arbitral Tribunals Removal and Resignation of Arbitrators Challenge of Arbitrators Description: “If you shoot at the king, you’d...
How Challenging is the Challenge, or Can U.S. Courts Remove ...
Author: Anna Conley* Published: October 2007 Jurisdiction: United States Topics: Court Decisions Judicial Assistance in Procedural Matters Practice and Procedure Discovery Evidence Description: I. INTRODUCTION Prior to 2004, federal courts...
A New World of Discovery: The Ramifications of Two Recent ...
...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 ...
...the Department of Defense, or the United States Marine Corps. This article is not legal advice. Thank you to Dr. Sarah Marsh of American University for her editorial guidance, and...
Estop That! Defeating a Corrupt State’s Corruption Defense to ICSID ...
...state is breaching its conventional or customary international obligations by interfering with the foreign investor; 2) the host-State’s omission to provide diplomatic protection may constitute a breach of the host-State’s...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...India A. History of International Arbitration in India International arbitration has a long history in India. In 1958, India became a party to the United Nations Convention on the Recognition...
The Way Forward: An Analysis of India’s New Guidelines for ...
...various States and Territories in Australia as the law for domestic arbitrations in Australia, the arbitration statutes of virtually all the States and Territories followed old English Models. In 1974,...