Search results

Arbitration — North American Free Trade Agreement, Chapter 11 — UNCITRAL arbitration — Place of arbitration — Jurisdiction — Procedure — Investment disputes — Definition — Whether measure relating to trade in goods capable of being measure relating to an investment — Procedural requirements for bringing claim — Whether going to jurisdiction — Award of costsEconomics, trade and finance — North American Free Trade Agreement — Aims and objectives — Interpretation — Requirement of national treatment — Minimum standard of treatmentInternational tribunals — Arbitration tribunal — UNCITRAL — North American Free Trade Agreement, Chapter 11 — Jurisdiction and powers — Procedure and evidence — Award of costsTreaties — Interpretation — Principles of interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 to 33 — Application to North American Free Trade Agreement

Arbitration — North American Free Trade Agreement, Chapter 11 — Procedure — UNCITRAL arbitration — Due process — Discovery — Claim of Crown privilege — North American Free Trade AgreementEconomics, trade and finance — Investment protection — Discrimination — North American Free Trade Agreement, Article 1102 — Fair and equitable treatment of investment — Article 1105 — Requirement of transparency — Performance requirements — Article 1106 — Environmental protection — Whether compatible with NAFTA principlesEnvironment — Hazardous waste — Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 1989 — North American Free Trade Agreement — Balance between environmental protection and free and open tradeExpropriation — Definition — North American Free Trade Agreement, Article 1110 — Conduct tantamount to expropriation — Distinction between expropriation and regulationState responsibility — Federal States — Responsibility for acts of State and local government — International Law Commission Draft Articles on State Responsibility

591State immunity — Head of State immunity — Defendant indicted on drug-related charges — Whether defendant entitled to Head of State immunity — Foreign Sovereign Immunities Act 1976 ("FSIA") — FSIA not addressing foreign sovereign immunity or Head of State immunity in criminal context — Judiciary to look to Executive Branch for guidance — View of Executive Branch on propriety of defendant's Head of State immunity claimTreaties — Extradition — Panama — United States of America, Treaty providing for the Extradition of Criminals, 1904 — Whether defendant brought to United States in violation of Treaty — Whether United States affirmatively agreeing not to seize foreign nationals from territory of Panama by reference to express language of Treaty or by established practice thereunder — Whether entitling defendant to reversal of convictions — The law of the United States of America

Arbitration — North American Free Trade Agreement, Chapter 11 — Procedure — ICSID arbitration — Additional Facility Rules — Amendment of claim — Requirement that amendment must be within the scope of the arbitration agreement and sufficiently timely — Due process — Discovery — North American Free Trade AgreementDamages — Expropriation of property — Restitutio in integrum — Fair market value — Calculation — Loss of profits — Discounted cash flow analysis — Whether appropriate in case where project never operational — Alternative methods of calculation616Economics, trade and finance — Investment protection — Fair and equitable treatment of investment — North American Free Trade Agreement, Article 1105 — Requirement of transparency — Federal State — Federal authorities required to remove uncertainties created for foreign investment by provincial and local authoritiesExpropriation — Definition — North American Free Trade Agreement, Article 1110 — Conduct tantamount to expropriation — Distinction between expropriation and regulation — Indirect expropriation — Work on project halted after long periodState responsibility — Federal States — Responsibility for acts of State and local government — International Law Commission Draft Articles on State Responsibility

Diplomatic relations — Immunity — Whether defendant entitled to diplomatic immunity — Whether certification necessary — Whether compliance with accreditation process necessary — Vienna Convention on Diplomatic Relations, 1961 — Diplomatic Relations Act 1978 — Relevance of United Nations Convention on Special Missions — The law of the United States of America

612State immunity — Jurisdiction — Waiver of immunity — Requirement that waiver be express — Distinction between choice of law and submission to jurisdiction — Employment — Contract of employment — Embassy employee — State Immunity Act 1978, Sections 1, 4 and 16 — The law of England

State immunity — Jurisdiction — Waiver — Development of concept of sovereign immunity at common law — State Immunity Act 1985 — United States of America commencing action in United States courts — Allegations of liability for environmental damage under United States environmental protection legislation — United States obtaining injunction in Canadian court freezing assets pending outcome of United States case — Undertaking in damages — Dissolution of injunction by Canadian court — Counterclaim seeking damages against United States and its functionaries pursuant to undertaking and common law tort claims — Whether United States immune from jurisdiction of Canadian court — Whether United States functionaries immune from jurisdiction of Canadian court — Relevance of whether functionaries' immunity derivative or independent of sovereign's immunity — Applicability of exceptions to general principle of sovereign immunity — Whether waiver of immunity — Whether Canadian court lacking jurisdiction simpliciter — Whether Canada forum non conveniens — The law of Canada

606State immunity — Jurisdiction — Employment — Contract of employment — Employment of civilian by visiting armed forces — State Immunity Act 1978, Sections 1, 4 and 16 — The law of England