...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...
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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 ...
...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 ...
...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 ...
...the Convention permits implied waiver through conduct, the FSIL mandates explicit written consent. Ongoing regional cooperation, including legal frameworks between China and ASEAN countries, may bridge this gap. Enforcement of...
China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...
...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...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...visited Dec. 8, 2022); Augusto Tolentino Pacheco de Medeiros, Arbitration Rules – August 12, 2019 Version, Câmara de Mediação e Arbitragem Empresarial – Brasil (Aug. 5, 2019), https://camarb.com.br/en/wp-content/uploads/2020/11/camarb-arbitration-rules-2019.pdf. ...