Speaker, Georgetown International Arbitration Society, Washington, D.C., February 16, 2018, «
States against investors: practical and strategic dimensions of counterclaims.»
Not exact matches
The S&P / TSX composite index was up 17.31 points to 12,757.81 as
investors wondered if the United
States will end up leading a military strike
against Syria, which it accuses of using poison gas
against its own civilian population.
The class action, filed in United
States District Court, Southern District of New York, and docketed under 18 - cv - 02213, is on behalf of a class consisting of
investors who purchased or otherwise acquired BRF American Depositary Receipts («ADRs») between April 4, 2013 and March 2, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by Defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 (the «Exchange Act») and Rule 10b - 5 promulgated thereunder,
against the Company and certain of its top officials.
The class action, filed in United
States District Court, for the District of Illinois, Eastern Division, is on behalf of a class consisting of
investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 and Rule 10b - 5 promulgated thereunder,
against the Company and certain of its top officials.
Dwyfor Evans of
State Street Global Markets says institutional
investors are judging their strategies
against the backdrop of «erratic» political headlines.
By selling the bonds to Monaco,
investors were trying to get around the 11th Amendment to the U.S. Constitution, which says, «The judicial power of the United
States shall not be construed to extend to any suit in law or equity, commenced or prosecuted
against one of the United
States by citizens of another
state, or by citizens or subjects of any foreign
state.»
The SEC promotes full public disclosure, protects
investors against fraudulent and manipulative practices in the market, and monitors corporate takeover actions in the United
States.
On March 4, 2013, Shkreli sent Steven Rosenfeld, an MSMB Healthcare
investor, an email
stating: «Ron Tilles informed me you're considering legal action
against our company.
He is currently working on a history of commercial fraud in the United
States, and especially organizational fraud
against consumers and
investors, from the early nineteenth century to the present.
On May 2, 2014, the United
States District Court for the Eastern District of New York gave preliminary approval to a settlement of $ 280 million to resolve claims
against JPMC that it misled
investors in billions of dollars» worth of mortgage backed securities.
By Tuesday, the euro began to steady
against the United
States dollar as
investors hoped the downgrade would spur the Eurozone to give Greece financial aid.
I also recently read Graham's Intelligent
Investor and he
states that growth wise gold is not a very good hedge
against inflation.
Its logic was
stated in a recent filing by the SEC
against The DAO (Decentralized Autonomous Organization), a now - defunct Ethereum - based provider of «Smart Contracts» for venture capital
investors, and appears to cut to the core of issues the Commission has with many similar ICOs.
Chinese companies have even started to make use of the dispute settlement mechanisms in cases
against Peru, Mongolia and Belgium, while the Chinese government itself still appears to be spared from involvement in
investor -
state disputes (one dispute with a Malaysian
investor in 2011 was suspended).
ALBANY — An upstate
investor who was molested as a child in the 1960s says he's prepared to spend $ 100,000 or more
against incumbent
state senators from both parties who refuse to support legislation to help child sexual assault victims.
Stated differently, those trades have some cost (i.e. commercial value) and to the extent that the cost exists, that cost ought to be applied
against the total amount an
investor should be allowed to deduct.
While global equity funds can be volatile and involve more risk than Canadian investments — depending on the
state of world affairs, currency fluctuations and other economic and political factors — they diversify
against any type of country or political risk an
investor might encounter.
Arguments
against the long - term strategy
state that
investors forsake gains by riding out volatility rather than locking in gains, essentially timing the market.
Dorfman as a typical contrarian / value
investor states «To make good profits in the stock market, it pays to go
against the crowd.»
Assuming the
investor can use this
against a 43 % combined federal -
state tax rate, it is worth about and additional half a cent / kWh.
Moreover, South Carolina's
investor - owned utilities continue to lobby strongly
against any legislative efforts designed to spur solar energy growth in the
state, more particularly when it comes to their customers investing in behind - the - meter solar power capacity.
«Exclusionary indexes don't allow
investors who are concerned about fossil fuel volatility to protect
against downstream or supply chain impacts of oil fluctuations or policy changes,»
stated the report.
On the one hand, foreign
investors can bring a claim before a domestic court
against the host -
state, invoking domestic standards of protection.
First, with regard to the judicial avenues foreign
investors have
against host -
states, three come to mind: (a) bringing a claim before an
investor -
state tribunal; (b) bringing a claim before a domestic court, based on domestic and / or international standards of protection; and (c) private commercial arbitration based on a contract between the investor and the host ‑ S
state tribunal; (b) bringing a claim before a domestic court, based on domestic and / or international standards of protection; and (c) private commercial arbitration based on a contract between the
investor and the host ‑
StateState.
If a third
state investor brings a claim
against a member
state, it may well be that the tribunal will have to interpret (or even apply) EU law in similar ways as tribunals established under intra-EU BITs.
representing an
investor in the natural resource sector in UNCITRAL arbitration proceedings
against the government of an African
state;
He is also advising foreign
investors with potential claims
against several African governments, and arbitrating a multi-million UNCITRAL dispute
against an African
state over a failed power infrastructure project.
An
investor -
State tribunal, chaired by Neil Kaplan QC, has ruled that it has no jurisdiction to hear Turkcell's claims
against the Islamic Republic of Iran under the Turkey - Iran bilateral investment treaty.
Q. Opponents of the
investor -
state dispute provisions of the TPP (and other free trade agreements) say that the US has never lost a claim — presumably meaning
against it, not claims brought by it or its
investors that did not succeed.
At its heart, IIAPP offers a database of summaries of some 150 cases brought by
investors against states under treaties channelling disputes into less costly arbitration.
Opponents of the
investor -
state dispute provisions of the TPP (and other free trade agreements) say that the US has never lost a claim — presumably meaning
against it, not claims brought by it or its
investors that did not succeed.
Guest Lecturer in International
Investor State Arbitration Spring 2010, «Enforcement of International Arbitral Awards
Against Sovereign Entities,» University of Texas School of Law, Austin, Texas, April 2010
This case follows on from the recent judgment in Sanum Investments Ltd v Government of the Lao People's Democratic Republic [2016] SGCA 57, in which the Singapore Court of Appeal found that an
investor -
State arbitral tribunal did have jurisdiction to hear claims
against the Government of Laos.
It argues that this approach is an effective way to give a «second chance» for the host
state to demonstrate its continued commitment towards a long term and stable investment environment in conformity with the IIA, while providing compensation as a safety net for the
investors against the risk of non - enforceability of restitution.
However, the agreement is discriminatory, in that only
investors from the home
state and their subsidiaries may bring a claim
against the host
state before an ISDS tribunal.
What is clear, however, is that the tide appears to be turning
against the traditional model of
investor -
state arbitration as it has few — if any — real supporters among
states.
The latter, generally done by the arbitration of complaints by foreign
investors against the non-compliant
state.
Counsel to a major Russian group on an
investor -
state claim
against a CIS
state relating to a debt arising out of energy investments.
Representing the French
investor in an ICSID arbitration
against Hungary over claims in connection with the
state's take - over of the prepaid meal and services vouchers sector under the France - Hungary Bilateral Investment Treaty
Elly's work at Boies Schiller focused on major high - stakes disputes, including representing Apple in its global antitrust litigation
against Qualcomm; Midtown Acquisitions LP, a Davidson Kempner affiliate, in its multi-jurisdictional judgment enforcement
against Essar Global Fund Limited; A1 noteholders in their successful High Court litigation and settlement
against the Canary Wharf Group; a major hedge fund in relation to complex High Court proceedings
against Terra Firma Capital Partners» Four Seasons Healthcare Groups; and several significant commercial and
investor -
state arbitrations.
Represented a US
investor in a claim
against a Caribbean
state concerning the redevelopment of an offshore oil field.
In Colombia, a series of significant claims
against the
State for an alleged breach of its obligations under free trade agreements or investment protection agreements has shown that arbitration is one of the most important tools at the disposal of independent
investors to protect them
against the possible breach of these agreements.
We routinely handle cross-border commercial disputes in connection with joint ventures, corporate transactions or IP rights, suitability claims
against brokerage firms, as well as
investor -
state disputes, including claims of expropriations.
Commercial Arbitration and
Investor -
State Arbitration under the rules of one of the major international arbitration institutions, such as the ICC, LCIA or ICSID and subject to a wide range of laws can be financed in a variety of venues,
against respondents whose assets appear to be available to satisfy any award.
This is a well - established mechanism found in bilateral and multilateral investment treaties that assists
investors in safeguarding their investments
against certain political, regulatory, judicial and other
state - driven risks that are especially significant in cross-border transactions.
ISDS provisions allows
investors from the signatory
states (whether individuals or corporations) to bring a claim for compensation or other relief directly
against another signatory
state where an investment in the host
state has been subject to treatment that breaches the investment protections set out in the TPP.
aul, Weiss secured an affirmance of the dismissal of a New York
state court action for breach of fiduciary duty
against Silverpeak Real Estate Partners LP, which had been filed by
investors who purchased Lehman real estate assets...
At Foley Hoag, he will be defending sovereign
State clients
against claims by
investors before the International Centre for the Settlement of Investment Disputes (ICSID) and other arbitral tribunals.
In the area of international disputes, Janis represents sovereign
states and their
state - owned corporations in
investor /
state disputes before the International Centre for the Settlement of Investment Disputes (ICSID) and other arbitral forums and in lawsuits brought
against her governmental clients in the U.S. courts, governed as to jurisdiction by the U.S. Foreign Sovereign Immunities Act.
Paul, Weiss secured an affirmance of the dismissal of a New York
state court action for breach of fiduciary duty
against Silverpeak Real Estate Partners LP, which had been filed by
investors who purchased Lehman real estate assets...