Authors: Claudia T. Salomon and Sandra Friedrich* Published: June 2014 Description: A. Evidence in International Arbitration The procedures for obtaining and submitting evidence – and the weight it should be...
Search Results for : united states
...the state’s invocation of a security exception would empower them to conduct a more extensive analysis under the WTO Panels approach. Even under this approach, states have recognized their regulatory...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...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...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...violation of the United States’ obligations under the Treaty of Amity,” referring to the 1955 Treaty of Amity, Economic Relations, and Consular Rights between Iran and the United States [“Treaty...
Other Pacific Means of Resolving Iran’s ICJ Certain Iranian Assets ...
...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
...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?
...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 ...
...foreign investment reviews in the United States with the enactment of the Foreign Investment Risk Review Modernization Act (“FIRRMA”). The Committee on Foreign Investments in the United States (“CFIUS”), the...
CFIUS Reforms in Context: China in the Crosshairs of CFIUS ...
...than statutory mandates.[13] More recently, in Juliana et al. v United States,[14] the plaintiffs grounded their claim in the fact that the government’s fossil fuel policies violated their constitutional rights...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...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....