...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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Author: Juan Perla* Jurisdiction: United States California New York Florida European Union France United Kingdom Canada Topics: Artificial Intelligence SVAMC International Character of Dispute Practice and Procedure On April 30,...
A Closer Look at the New SVAMC Guidelines for AI ...
...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. ...
Author: Loukas Mistelis* Published: December 2009 Jurisdictions: Australia China Hong Kong Japan Germany Switzerland Canada Topics: Settlement ADR ICCA Description: I. INTRODUCTORY REMARKS Settlement in international arbitration has been a...
The Settlement-Enforcement Dynamic in International Arbitration* – Vol. 19 No. ...
...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 ...
...had been embezzled and laundered over fifteen years) and identifying projects that had operated/been awarded on questionable terms and regulatory exemptions. The interim government plans to review and renegotiate previous...
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...
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 ...
...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 ...
...Commercial Contracts art. 2(2) (2015). [8] Reese, supra note 2. [9] See, e.g., Auten v. Auten, 308 N.Y. 155, 124 N.E.2d 99 (1954) (applying “center of gravity” analysis to a...