...provisions regarding the scope of the state’s regulatory power. For instance, the Switzerland-Mexico BIT states: “The Parties recognize that it is inappropriate to encourage investment by relaxing domestic health, safety...
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...for states and corporations.[20] Therefore, if states prefer to retain exclusivity over the adjudication of human rights disputes, or to diminish the standards of the domestically-regulated business and human rights...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
Authors: Ata Türkfiliz* Jurisdiction: United States India Topics: Enforcement of Arbitral Awards Sovereign Immunity ICC Procedure for Enforcement The Devas-Antrix saga stands as one of the most significant international...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
...private dispute resolution was so persistent that legislative measures were required to overcome it. At present, both the United States and its constituent states have arbitration statutes that provide for...
Elements of International Arbitration in the United States – Vol. ...
...Foreign Investors Could Sue Trump’s United States in Arbitration?, Aceris Law LLC (Feb. 2, 2025) https://www.acerislaw.com/which-foreign-investors-could-sue-trumps-united-states-in-arbitration/. [8] Treaty between The Government of the Unite States of America and The Government...
Could foreign investors use BITs or FTAs to sue the ...
...Split on the Scope of Section 1782 Discovery in the United States: Will it Ever Get Resolved?, Kluwer Arb. Blog. (Sept. 14, 2021), http://arbitrationblog.kluwerarbitration.com/2021/09/14/the-circuit-split-on-the-scope-of-section-1782-discovery-in-the-united-states-will-it-ever-get-resolved/. [14] Intel, 542 U.S. at 258...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...the intra EU-BITs bind only the EU States without contemplating investors as individuals. Accordingly, EU States are free to terminate the BITs together with the sunset clauses by an actus...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
...by United States courts. Nevertheless, there has been some reluctance in the international business community to designate the United States as a forum for arbitration out of concern that judicial...
Fiat S.p.A. v. The Ministry of Finance and Planning of ...
...United States, which reads, “A state is not responsible for loss of property or for other economic disadvantage resulting from bona fide general taxation, regulation, forfeiture for crime, or other...
Police Powers as a Defence to COVID-19 Liability: Does it ...
...United Mexican States, ICSID Case No. ARB(AF)/04/05, Decision on Jurisdiction (Nov. 21, 2007). [21] Grand River Enterprises Six Nations, Ltd., Et Al. v. United States of America, ICSID Case No....
India’s ban on Chinese apps: Could India face the fire ...
...growing. For example, as of August 2023, Central Asian states were parties to 214 BITs with countries such as the United States, China, France, Germany, Switzerland, the United Kingdom, and...
ВITs in Central Asia: Opportunities and Risks
...states before international arbitral tribunals for alleged breaches of treaty obligations. As states adopt more robust climate policies, investors have increasingly invoked ISDS provisions within IIAs in response.[13] According to...