Investor State Arbitration
Eli Lily and Company v The Government of Canada and the Perils of Investor-State Arbitration
... foreign investor can circumvent domestic judicial outcomes through international ...of investor-state arbitration should not be expanded to provide a forum of de facto ...
15
Provisional Measures in Investor-State Arbitration: States Playing Games in Local Courts by Invoking the Trump Card (Police Powers)
... I.C.S.I.D. Arbitration; that is, investor-state ...rogue state? The crux of the issue is this: a state will always be in a position to utilize its prosecutorial powers in order to ...
45
Is Investor-State Arbitration Unfair? A Freedom-Based Perspective
... autonomous arbitration procedure is evident, investor-state arbitration has recently emerged as a tool of affluent multinational corporations to attain unwarranted priority for the protection ...
22
Convergence of WTO Dispute Settlement and Investor-State Arbitration: A Closer Look at Umbrella Clauses
... the investor subjected disputes arising under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), a World Trade Organization (WTO) agreement to an investor-state arbitral ...
45
Challenges To The Credibility Of The Investor-State Arbitration System
... The tribunal hearing the case was composed of three arbitrators: Australia appointed Professor Don McRae of the University of Ottawa as an arbitrator; Philip Morris [r] ...
18
UNCITRAL. Rules on Transparency in Treaty-based Investor-State Arbitration
... to arbitration against Parties to the treaty, including any treaty commonly referred to as a free trade agreement, economic integration agreement, trade and investment framework or cooperation agreement, or ...
20
It Is not Just About Investor-State Arbitration: A Look at Case C-284/16, Achmea BV
... such arbitration is in fact incompatible with EU law, an IST that finds itself in a similar position as the Achmea one could argue that it lacks jurisdiction due to the said incompatibility of the successive ...
18
Domestic courts in investor-state arbitration : partners, suspects, competitors
... host state, which provides the parameters within which foreign investors ...host state that determines the content of interests that will eventually attract the protection of international ...
504
Compelling Parties to Mediate Investor-State Disputes: No Pressure, No Diamonds?
... perspective, arbitration ensures that treaty protections are meaningful by offering a venue for enforcing investor rights outside of the courts of the host ...preferential state treatment of foreign ...
24
The Application of ICSID Arbitration in Investor-State Dispute settlement
... Investor-state arbitration under the auspices of ICSID from its establishment in 1966 until now has gone many stages of development to promote its goals and bring changes in the area of international ...
19
Stay of arbitration proceedings
... . Arbitration is the process by which a dispute or difference between two or more parties as to their mutual legal rights and liabilities is referred to and determined judicially and with binding effect by the ...
33
Arbitration Reform in Russia: Will Russia Become More Arbitration-Friendly?
... for state courts under APK: privatization, insolvency, administrative and environmental damage ca- ses, as well as cases related to contracts serving state and municipal ...new arbitration laws ...
8
A Corporate Veto on Health Policy? : Global Constitutionalism and Investor-State Dispute Settlement
... In many cases, IIAs allow plaintiffs (corporations) to bring cases against parties to the agreement (states) without first pursuing local remedies (i.e. under domestic laws through national courts) (Voon and Mitchell ...
26
Revised Uniform Arbitration Act v. Federal Arbitration Act. Which You Should Prefer In Nevada Arbitration
... in arbitration concerning the Nevada statute is the fact that there are provisions in the statute that cannot be waived or altered, giving him more of a safety net protecting against an unfair arbitration ...
25
The New Swiss Uniform Arbitration Act and International Commercial Arbitration
... It is worth pointing out here that in Swiss law the existence of an arbitration clause is a bar to an action in the ordinary courts of law," a distinctive feature when[r] ...
10
State of Berlin. Investor Presentation. June Page 1. Land Berlin/Thie
... Adlershof with national importance thanks to eleven independent research institutes, six science institutes of Humboldt-University, 425 technology- oriented companies. The [r] ...
17
Foreclosure by Arbitration?
... Lessor [Melchor] concedes that sublessor [IBM] can compel it to arbitrate pursuant to the lease. The parties here argue about whether sublessee expressly agreed to be bou[r] ...
53
Evidence in arbitration
... Kekecualian Akta tersebut hanya membenarkan penimbangtara supaya tidak perlu mengikuti peraturan penerangan yang ketat seperti dalam proses mahkamah tetapi dengan syarat ti[r] ...
26
ARBITRATION RULES ARBITRATION SERVICE OF PORTLAND, INC. (ASP)
... B. Statement of Claim. The Statement of Claim shall summarize the basis of the claim, the relief sought, the dollar amount of any money demand, whether interest is claimed, whether attorney's fees are claimed (and, if ...
18
Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice
... undertake arbitration with respect to any matter referred to ...for arbitration proceedings to go ...whether arbitration clause forms part of the main transactional contract, whether the claim is ...
10