Commentators have speculated that the move may be connected with certain unfavourable decisions against the country in existing BIT
claims by foreign investors.
Not exact matches
In a 2013 meeting filmed
by investors, Byrne described himself as acting as CEO of EuroFX, which
claimed to have special techniques to trade
foreign exchange.
This time, Pomerantz established the right of individual
foreign investors who purchased
foreign - traded shares of a
foreign corporation to pursue
claims for securities fraud in a U.S. court, thereby overcoming obstacles created
by the U.S. Supreme Court's 2010 read more
He successfully argued that
foreign and domestic
investors had asserted viable «holder
claims» seeking to recover investment losses due to their retention of already - owned shares in reliance upon the fraud, which is believed to be the first ruling
by a U.S. court sustaining such a theory under English common law.
In October 2014, Pomerantz once again secured crucial victories in this ground - breaking litigation, establishing the right of individual
foreign investors who purchased shares on a non-U.S. exchange to pursue
claims for securities fraud in a U.S. court, thereby overcoming obstacles created
by Morrison.
On January 31, 2015, JPMC agreed to pay $ 99.5 million to settle
claims by a class of
investors who alleged that JPMC, along with twelve other banks, conspired to rig the $ 5.3 trillion - a-day
foreign exchange market.
This time, Pomerantz established the right of individual
foreign investors who purchased
foreign - traded shares of a
foreign corporation to pursue
claims for securities fraud in a U.S. court, thereby overcoming obstacles created
by the U.S. Supreme Court's 2010 decision in Morrison v. Nat» l Australia Bank Ltd..
The ISDS system empowers
foreign investors and corporations to skirt domestic courts and attack domestic policies
by going before tribunals of three corporate lawyers to adjudicate
claims.
To a
foreign investor affected
by such judicial measures, it is not always clear, however, what judicial measures (especially in countries like India with one of the most activist Supreme Courts in the world) can be subject to a
claim under investment treaty law; which theory of liability is appropriate for a state's liability arising out of judiciary's conduct (or omissions); and which policy issues these different theories of liability raise.
But as more capital has begun to travel in the opposite direction, established democracies like Canada will increasingly have to respond to
claims brought against them
by foreign investors.
Legal
claims brought against a Sovereign State or its instrumentalities
by a
foreign investor under a bilateral or multilateral investment treaty, or a contract or a domestic investment law, require a legal team of the highest international caliber: with great expertise in international law, a deep understanding of the civil and common law systems, extensive experience in the various fora and rules under which
claims are raised, an enhanced capability to analyze complex facts and industries, broad language abilities, and sensitivity to political and cultural issues in the various regions of the world.
Last fall, Eli Lilly launched a $ 500 - million complaint under the North American Free Trade Agreement
claiming Canada violated obligations to
foreign investors by allowing its courts to invalidate patents for two of its drugs.
As for cryptocurrencies and tokens exchanged for other cryptocurrencies, Rubles and
foreign currencies, Minfin
claims to protect the rights of unqualified
investors by allowing trading only via authorized cryptocurrency exchange operators.