Arbitration - NAFTA - jurisdiction - waiver of right to initiate or continue other legal proceedings - effect of pursuing municipal law claims in municipal court
Article Abstract:
The author discusses the NAFTA Arbitral Tribunal's decision in Waste Management, Inc. v. Mexico, in which questions regarding the right of waiver to legal proceedings arose under NAFTA chapter 11.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 2001
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Complementary agreements and compulsory jurisdiction
Article Abstract:
The author examines the issue of how to resolve an international dispute that arises under two complementary treaties with different settlement provisions. The article suggests ways in which such treaties might be reconciled.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 2001
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NAFTA - arbitration - scope of jurisdiction to arbitrate - requirement of transparency - expropriation resulting from withholding governmental permits and imposing new environmental restrictions - damages for expropriation - enforcement of arbitral award
Article Abstract:
This article reviews the decision by the British Colubmia in Mexico v. Metalclad Corp, in which the court reviewed an arbitral award involving a company attempting to do business in Mexico. The commentator uses the case to demonstrate the weaknesses involved in the system whereby national courts can rule on NAFTA arbitration. He advocates a special appellate system for such reviews.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 2001
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- Abstracts: Final 367 regulations govern the treatment of section 355 distributions by U.S. corporations to foreign persons
- Abstracts: Provisional measures pending constitution of an arbitral tribunal under UN Convention on the Law of the Sea - conservation of highly migratory fish stocks - prima facie jurisdiction - urgency - preservation of the respective rights of the parties - prevention of serious harm to the marine environment - precautionary principle