...treaties for textual hooks to argue that the consent framework implies non-transferability, and buyers will search for transactional forms that do not trigger those hooks. Conclusion: The Market Isn’t Dying;...
Search Results for : non-signatories
...price of the invention leading to its non-availability to the public; if “the reasonable requirements of the public with respect to the patented invention” are not met; and if such...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...and “expropriation” requirements, there is another requirement. Foreign investors must determine whether the action taken by the U.S. administration pursued a public-purpose objective, was implemented on a non-discriminatory basis following...
Could foreign investors use BITs or FTAs to sue the ...
...product or service is supplanted with a product or service by completely new players and entities. Alternatively, it could be a non-disruptive innovation, the type referred to in the groundbreaking...
Blockchain Arbitration: Promises and Perils
...dispute is expressly or by necessary implication non-arbitrable as per mandatory statute(s). Analyzing the Criteria: Antitrust disputes typically have a public nature and involve adjudicating actions and rights “in rem.”...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
...of Article 38, ICJ Statute; third, non-recognition of the police powers doctrine during a global pandemic may result in non-enforcement of awards rendered in such proceedings by domestic courts on...
Police Powers as a Defence to COVID-19 Liability: Does it ...
...or non-recognition should occur “only in exceptional circumstances” (para. 35). This effectively endorsed the “second-look doctrine” – a conceptual framework established forty years ago by the US Supreme Court in...
Once Upon a Time in RFC Seraing: the EU Frontier ...
...a commitment to a narrow, legally disciplined standard for judicial modification—one grounded in comparative authority and the principle of non-appellate review. Yet, as it develops its operative test, the Court...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
...ICC is also a non-starter. Workaround The alternative workaround argument is not incomprehensible. Although not formally bound by the VCLT, India has implicitly endorsed the principle of pacta sunt servanda...
The ‘Abeyance’ of the Indus Water Treaty: A strategic interpretative ...
...discretion to combat costs and expedite proceedings can result in a loss of party autonomy which may lead to non-enforcement of the resulting award. To that end, it also highlights...
The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...
...and defenses including an investor’s legitimate expectations under fair and equitable treatment clauses,[1] due process and non-discrimination in expropriation, protection of investments under full protection and security clauses,[2] the use...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
...legal in India provided that the funder is a non-lawyer which is a welcome development.[4] While, the Arbitration and Conciliation Act, 1996[5] per se does not explicitly discuss or mention...