Author: Jean Lambert Jurisdiction: United States Canada Mexico Topics: USMCA NAFTA Investment Disputes Last month, the US, Canada, and Mexico announced the terms of the “new NAFTA’, the USMCA; a...
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...protectionist trade barriers between the U.S. and Canada, the two largest trading partners in the world. It reduces barriers to bilateral activities in the fields of energy, services, and investments....
Dispute Resolution Under Chapter 18 of the Canada-United States Free ...
...England, for instance, has recently upheld its prohibition of champerty as it relates to assignment of claims. In Simpson v Norfolk & Norwich University Hospital NHS Trust,[8] the English Court...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...the MST.[7] The tribunal held that the FTA entitled Eco Oro to legitimate expectations that Colombia would ensure a predictable business environment, which were violated in the confusing regulatory environment...
Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...
...decades has experienced a paradigm shift in its approach to cross-border litigation. Courts in Canada are more open to enforcing parties’ choices about foreign law and jurisdiction, enforcing foreign judgments...
Letters Of Request: Will A Canadian Court Enforce A Letter ...
...that otherwise arise in transboundary environmental disputes. More importantly, as seen in some of the decisions of national courts discussed in Part II above, reliefs were often rejected due to...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...Rules 2020: Reactive to Proactive, But is That Enough?, Kluwer Arb. Blog (Aug. 29, 2020), http://arbitrationblog.kluwerarbitration.com/2020/08/29/jurisdiction-clause-in-the-liability-limitation-provision-of-the-new-lcia-rules-2020-reactive-to-proactive-but-is-that-enough/. [4] ICC Dispute Resolution 2019 Statistics, The ICC 28 tbl. 8, https://iccwbo.org/publication/icc-dispute-resolution-statistics/. [5] Id....
Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...
...sensitive to environmental policy concerns. In this regard, counterclaims can play a crucial role in ensuring that a host state’s commitment to protect the environment is taken into consideration by...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
Author: Samarth Khanna* Jurisdictions: India Topics: ICSID New York Convention Arbitrability Enforcement of Awards Domestic Proceedings in Investment Arbitration Abstract Usually, investment arbitration awards are passed, recognized and enforced...
Is the New York Convention Applicable for the Enforcement of ...
...https://www.asil.org/insights/volume/22/issue/15/2018-proposals-amendments-icsid-rules-icsid-enters-era-trump-populism#_edn3. [8] Id. [9] Supra note 1. [10] Supra note 7. [11] Id. [12] The Government of Canada’s Comments on the Proposed Revisions to the ICSID Arbitration Rules, https://icsid.worldbank.org/en/amendments/Documents/Canada_Comments_12.28.18.pdf (last...
ICSID Rules Amendments: Two Major Proposed Reforms and Reactions from ...
Author: Martin Kwan* Jurisdiction: Canada United States Topics: Contents of the Arbitration Agreement Enforceability of Arbitration Agreements Existence and Validity of Agreement to Arbitrate Jurisdiction and Powers of the Courts...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
...that while “differences [between the way men and women judge] mostly do not exist”, legitimacy and “notions of fairness” are defeated if women cannot participate.[6] She also argues that female...