Searching Content indexed under International Courts & Tribunals by McCarthy Tétrault LLP ordered by Published Date Descending.
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Jurisdiction Is, Well, Jurisdiction: In Up V Hungary The ICSID Arbitral Tribunal Refuses To Follow Achmea
The decision of the European Court of Justice ("CJEU") in Slovak Republic v. Achmea BV ("Achmea") held that intra-EU bilateral investment treaties ("BITs") ...
27 Nov 2018
Fast Forward: When To Seek Early Resolution Of Issues In International Commercial Arbitrations
They have been developing their arbitration rules to reflect the complexities of large scale, document intensive matters.
13 Nov 2018
"On Terms It Considers Just": Court Consolidates A Separate Domestic Arbitration With An International Arbitration Absent The Consent Of One Of The Parties
In its recent decision, Japan Canada Oil Sands Limited v. Toyo Engineering Canada Ltd., the Court of Queen's Bench of Alberta held that it has jurisdiction under Alberta's International Commercial Arbitration Act.
6 Nov 2018
Ontario Court Of Appeal Assesses The Enforceability Of Arbitral Awards In Popack v Lipszyc
Arbitration allows parties to play a more active role in designing how they wish to resolve their dispute.
21 Sep 2018
This Kitten Has Claws: PUMA Prevails As Spanish Supreme Court Orders Clawback Of €1.5 Million In Fees From Arbitrators Who Violated The Principle Of "Arbitral Collegiality"
The Supreme Court held that the Arbitrators violated the principle of "arbitral collegiality" and were in contravention of Article 21 of the Spanish Arbitration Law (Ley 60/2003 de 23 de diciembre, de Arbitraje).
14 Mar 2017
Promoting Efficiency In International Arbitration: Changes Made By Arbitral Institutions And Rule-Making Bodies In 2016
Delay is a common complaint of parties in international arbitration. Understandably, many parties would like to resolve their disputes efficiently and without spending an exorbitant amount of time or money.
2 Feb 2017
English High Court Of Justice Maintains Freezing Order Tied To GAFTA Arbitration Award Indefinitely
In Touton Far East Pte Ltd v Shri Lal Mahal Ltd (formerly Shivnath Rai Harnarain (India) Ltd),[2016] EWHC 1765 (Comm), the High Court of Justice determined that a post-judgment worldwide freezing order related to a GAFTA arbitration award, should continue indefinitely until payment of the judgment or a further order was made.
2 Feb 2017
Empresa Minera Los Quenuales S.A. v Vena Resources, 2015 ONSC 4408
Ontario's International Commercial Arbitration Act incorporates Article 35 of the Model Law on International Commercial Law.
30 Mar 2016
Court Of Appeal Accepts Ontario Jurisdiction Despite Forum Selection Clause For Germany
During the spring of 2012, the Canadian Appeals Monitor posted a five-part series on the Supreme Court’s judgments in Van Breda, Black, and Éditions Écosociété.
17 Jun 2013
The Second Opinion: International Uranium Dispute Undermined By The Hague Convention
The Russian Ministry of Justice refused to permit service on the two subsidiaries of the state-controlled Atomic Energy Corporation, citing concerns with sovereignty and national security.
16 Apr 2013
Tanner, How Do I… Examine An Inventor Who Lives In Canada?
Tanner, How Do I... is a blogging series in which Steven Tanner provides helpful answers to IP law questions.
26 Oct 2012
WTO To Rule On U.S. Farm Subsidies And Canadian Tax Relief On Beer And Wine
Canada is at the centre of two new disputes at the World Trade Organization (WTO) which threaten to impact a number of sectors of the Canadian economy, including alcoholic beverages, livestock, ethanol, snack foods, soft drinks, and other foods and beverages containing sweeteners.
26 Jan 2007
Canada Signs Bilateral Investment Treaty with Peru - India and China Are Next
On November 14, 2006, Canada and Peru signed a bilateral investment treaty (BIT), otherwise referred to as a Foreign Investment Protection and Promotion Agreement (FIPA). This is Canada’s first BIT to be negotiated in eight years and the first BIT to be based on Canada’s new 2004 Model FIPA. This will bring the number of BITs Canada has with developing and newly industrialized countries to a total of 22.
28 Nov 2006
Effective Use Of International Trade And Investment Treaties
Does a regulatory barrier impede your access to an export market? Does a government measure discriminate against or otherwise harm your business operations? In recent years, there have been significant developments in international trade and investment protection law that offer potential responses to regulatory measures that have a negative impact on business. These changes have enhanced both the scope of the obligations under these agreements and their enforcement.
20 Sep 2006
The Proposed Softwood Lumber Agreement of July 1, 2006 - Comments by Simon V. Potter
Delivered July 31, 2006 to the Standing Committee on International Trade, Ottawa
8 Aug 2006
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