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International investment issues
- Herbert Smith Freehills LLP
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- Canada, USA
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- July 18 2007
On 11 June 2007, a tribunal constituted under the investor-state dispute settlement procedures of NAFTA (North American Free Trade Area) Chapter 11 ruled 2-1 against the United Parcel Service of America (“UPS”) in its long-running arbitration against Canada
New protocol to the Canada-US Tax Treaty: binding arbitration
- McMillan LLP
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- Canada, USA
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- October 26 2007
Most, if not all, of Canada’s tax treaties provide a mechanism for taxpayers to seek relief from double taxation when the tax authorities in each of the treaty jurisdictions seek to tax the same income or adopt mutually inconsistent positions relating to the taxation of the taxpayer
First arbitration judgement issued under Canada-United States Softwood Lumber Agreement, 2006
- McCarthy Tétrault LLP
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- Canada, USA
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- May 31 2008
On March 8, 2008, the London Court of International Arbitration (LCIA) issued its decision regarding the interpretation and application of Canada’s obligations under the 2006 Softwood Lumber Agreement between Canada and the United States (SLA
Allocation of costs joint order in Canfor v USA applies 'loser pays' rule in investment treaty arbitration
- Herbert Smith Freehills LLP
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- Canada, USA
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- October 26 2007
As a result of the wide discretion given to tribunals under both the ICSID and the UNCITRAL rules, there are no precise principles governing the allocation of costs incurred during investment treaty arbitrations
The Canadian position: can parties to an arbitration agreement vary the statutory scope of judicial review of the award?
- Torys LLP
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- Canada, USA
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- August 28 2008
The U.S. Supreme Court issued its decision in Hall Street Associates, L.L.C. v. Mattel, Inc. on March 28, 2008
FINRA proposes allowing all-public panel arbitrations
- Stikeman Elliott LLP
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- Canada, USA
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- September 30 2010
On September 28, the U.S. Financial Industry Regulatory Authority (FINRA) announced that it will file a rule proposal with the Securities and Exchange Commission next month that will allow investors to opt for all-public panels in arbitration claims
A Canadian perspective on the U.S. Supreme Court’s recent ruling on class arbitrations
- Cassels Brock & Blackwell LLP
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- Canada, USA
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- May 11 2011
In A.T.&T. Mobility LLC v. Concepcion (“Concepcion”), a recent decision of the United States Supreme Court, a narrow 5-4 majority held that an individual arbitration clause can operate to defeat a class process
Arbitration and class proceedings: recent case law from Canada and the United States
- Borden Ladner Gervais LLP
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- Canada, USA
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- August 5 2011
Whether mandatory arbitration clauses that effectively or explicitly bar class proceedings are allowable in consumer contracts has been the subject of much judicial comment in both Canada and the United States
An early Christmas gift for multinational companies
- Gowling Lafleur Henderson LLP
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- Canada, USA
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- December 15 2010
Multinational companies are facing increased scrutiny of their international transactions, particularly those with related parties, by governments around the world
Is a charterparty a contract for carriage of goods by water?
- Borden Ladner Gervais LLP
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- Canada, USA
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- November 17 2011
Companhia Siderurgica Paulista (COSIPA), BLG’s client, concluded a Gencon-form voyage charterparty with Fednav (disponent owner of the defendant vessel), for the carriage of steel coils from Brazil to the U.S.A. and Canada
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