...in most countries. Confidentiality has not been made mandatory under the UNCITRAL Model Law. On the contrary, party autonomy has been given a higher pedestal. Furthermore, the UNCITRAL Arbitration Rules...
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...clause of the 1991 Netherlands-Slovakia Bilateral Investment Treaty is incompatible with EU law due to the adverse effect it poses on the autonomy of EU law.[3] Given that there are...
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
...withdrew from the treaty, it would still apply in Central Asian states, impacting energy investments and climate-related disputes. Open dialogue among stakeholders is crucial for navigating the evolving energy landscape,...
Event Report: Exploring International Investment Law and Disputes in Central ...
...many objectives and relationships and it is often difficult to accomplish those goals. In the common law system, the reason why there is a legal privilege is to encourage open...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...available jurisprudence (three decisions and various requests for consultation, plus a non-NAFTA proceeding utilizing the NAFTA procedural rules) in the seven years since NAFTA entered into force. The five decisions...
Government to Government Dispute Resolution under NAFTA’s Chapter 20: A ...
...changes in national patent laws—remains to be seen. The award also failed to articulate how, if Eli Lilly’s claim had been sufficiently dramatic, such a finding would connect to a...
Not Patently an Investment: Enforcing Intellectual Property Claims in Investment ...
...233 (Eng.). [64] Zingre v. The Queen, [1981] 2 S.C.R. 392 (Can.). [65] Jardine Lloyd Thompson Canada Inc. v. SJO Catlin (2006), 380 A.R. 121 (Can. Alta. Ct. App.). [66]...
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 ...
Author: Todd J. Weiler* Published: February 2000 Topics: Categories of Disputes Investment Disputes ICSID UNCITRAL BITs NAFTA Description: There has been a considerable amount of political hand wringing, but not...
The Ethyl Arbitration: First of Its Kind and a Harbinger ...
...the dispute, at the end of the day I was satisfied that the relevant issues had been raised and considered and that the parties had been able to make their...
Fast-Track on the International Scene – Vol. 2 No. 2
...with governmental authority” because they do not show an intention to confer governmental authority to an ad hoc panel. A vote of hands ensued: most attendees thought that the decision...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...between the Kingdom of the Netherlands and the Czech and Slovak Federal Republic of 1991 (the “Netherlands-Slovakia BIT”). The final award ordering Slovakia to pay € 22.1 million for damages...