He has given evidence in a broad variety of civil courts and both domestic and
international tribunals on more than 20 occasions over a period of 30 years as a testifying expert and has sat as an arbitrator, adjudicator or mediator on over 80 occasions.
Among
them an international tribunal on violations of the Charter's rights.
Not exact matches
«It's a fight we don't want to have, though, because while these fights can drag
on in
international trade
tribunals for years it really puts the pinch
on smaller producers... In the short term, what I'm most interested in is protecting the ability of Nova Scotia forestry producers to continue to work without being subject to an unfair duty at the border.»
He provides a clear summary of
international human rights law for the general reader, including a wealth of detail
on the manifold human rights operations of the UN,
on U.S. human rights policies over the years, and
on regional human rights
tribunals in Europe and Latin America.
It is, at least, apparent that the debates about humanitarian intervention by military force in the last decade, about the creation of
international criminal
tribunals in a number of cases, about the idea of a state's «universal jurisdiction» in cases of violations of the Genocide Convention or other «crimes against humanity,» about how far the global war
on terror may proceed without violating the rights of states, and most recently, about the United - States - led use of force against the Saddam Hussein regime in Iraq, have all raised important points of positive and customary
international law, and that in every one of these cases the outcome remains unsettled.
When interpreting the Bill of Rights, a court,
tribunal or forum must promote the values that underlie an open and democratic society based
on human dignity, equality and freedom; must consider
international law; and may consider foreign law.
No, if he does so, he would be a war criminal
on international scale who could be tried in another country or by a special
international tribunal.
Among Bolivia's demands are the establishment of an
international climate justice
tribunal, a global referendum
on mitigation strategies, and the ratification of legal rights for the pachamama.
«I wonder what sentences judges might hand down at future
international criminal
tribunals on those who will be partially but directly responsible for millions of deaths from starvation, famine, and disease in the decades ahead.»
This deference is present whether the board in question is a «statutory» or a private
tribunal (
on the distinction in the labour relations context, see Roberval Express Ltée v. Transport Drivers, Warehousemen and General Workers Union, Local 106, [1982] 2 S.C.R. 888, Howe Sound Co. v.
International Union of Mine, Mill and Smelter Workers (Canada), Local 663, [1962] S.C.R. 318, affirming (1961), 29 D.L.R. (2d) 76, Re
International Nickel Co. of Canada and Rivando, [1956] O.R. 379 (C.A.)-RRB- It is based
on the idea that if the courts are available to the parties as an alternative forum, violence is done to a comprehensive statutory scheme designed to govern all aspects of the relationship of the parties in a labour relations setting.
The most interesting point about these wide divergences between different
Tribunals on rather fundamental points of EU and
international law is how little they seem to matter.
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 ‑ State.
In my research
on general principles of law in the decisions of
international criminal
tribunals, I've found that the domestic legal systems that are most frequently invoked by the
tribunals are, by far, those of Western Europe (in particular those of Germany, France, and England and Wales).
Even without the detailed statistics, the ICC Report gives great insights
on how arbitral
tribunals award costs in
international arbitration.
Courts have rejected challenges under article V (1)(d) where the parties choose institutional rules to govern their procedure that provide for flexibility concerning the manner in which the
tribunal is to be composed.881
On the other hand, a German court refused recognition and enforcement where an award was rendered by two, instead of three arbitrators, as expressly required by the rules of the
International Arbitration Court of the Belarusian Chamber of Commerce that the parties had agreed would govern their arbitration.882
Helping to align investment arbitration with the functioning and the results of other systems of public law adjudication can contribute to forming an emerging consensus
on the many contested issues in
international investment law and afford legitimacy to the dispute settlement activity of investor - State arbitral
tribunals.
He has also advised several
international organizations
on the establishment and functioning of their
international administrative
tribunals.
Whether unlawful & whether
tribunal compliant with ECHR, Art 6, EU Charter, Art 47; whether panel member a de facto judge or whether de facto judge principle unlawful by virtue of Art 14 of the
International Covenant
on Civil & Political Rights.
Focused
on international law, cooperation and trade, it includes decisions of
international courts and
tribunals, treaties and
international agreements,
international law journals, and law reform materials.
The Note expressly encourages parties and
tribunals to adopt the IBA Guidelines
on Party Representation in
International Arbitration, where appropriate.
Like the widely used IBA Rules
on the Taking of Evidence in
International Arbitration, the IBA guidelines only apply if the parties agree to adopt them or if the arbitral
tribunal has determined that it has authority to rule
on matters of party representation.
His Lordship emphasised the importance of upholding party choice vis - à - vis the arbitral process — irrespective of the fact that no party has any choice about whether to arbitrate, let alone decide the composition of the
tribunal, when they contract with CSAT; some explain this
on the basis that CSAT is a special case, being a
tribunal of an
international organisation.
The term of legal autonomy comprises thus for Gragl four «imperatives» that the Court has developed, with the consequence of some serious constraints imposed by the CJEU under its vigilant protection of legal autonomy
on Member States choice and utilization of other
international courts and
tribunals and
on the jurisdiction of such courts and
tribunals (p. 84).
Chapter 4 turns to the impact of the somewhat «isolationist» approach found in the Court's case law
on international law; it does so by scrutinizing the relationship of the CJEU with a number of other
international courts and
tribunals, recalling for this purpose in particular the MOX plant controversy and the legal controversy surrounding the creation of the European Economic Area and the EFTA Court.
In brief, the approach conceives of investment treaty arbitration as a form of public law, and calls for
tribunals to draw
on comparative domestic constitutional and administrative law, as well as other regimes of
international public law such as WTO law and human rights law, to give content to the often vaguely - worded standards of typical investment treaties.
International arbitration is a Shearman trademark, and during the time of our research it was fighting for the largest potential award in arbitral
tribunal history, a whopping $ 50 billion from Russia
on behalf of former controlling shareholders of bankrupt oil giant Yukos.
As an arbitrator, Mr. Bruner has chaired or served
on numerous U.S. and
International arbitration
tribunals.
The Clinic represents clients in litigation before
international, foreign, and domestic
tribunals, and collaborates with organizational partners
on human rights advocacy campaigns, documentation projects, legislative advocacy, report - writing, and research.
While the Human Rights Committee has not determined that «extraordinary»
tribunals or «special» courts are incompatible with the requirement that
tribunals be established by law, it has taken the position that the provision is intended to ensure that any court, be it «extraordinary» or not, should genuinely afford the accused the full guarantees of fair trial set out in Article 14 of the
International Covenant
on Civil and Political Rights.
We advise domestic and
international organisations
on every stage of the employment cycle in relation to employment instructions, pensions and incentives services,
tribunal and court representation, relocation services, data protection, immigration or licensing advice.
Pursuant to Harder and Sterling O & G
International Corp v Director of Employment Standards Division (Man), 2012 MBCA 18 (CanLII), 275 ManR (2d) 280 (at para 19), the law is ``... essentially settled that a question of statutory interpretation by a
tribunal of its own statute will be reviewed
on the standard of reasonableness».
On April 4, 2016, a
tribunal constituted under the Additional Facility to the World Bank's
International Centre for Settlement of Investment Disputes (ICSID) upheld Crystallex's claims that Venezuela failed to accord fair and equitable treatment to the Vancouver - based company's investment in the Las Cristinas mining project and unlawfully expropriated the company's investments without compensation.
He has served as chairman, party - appointed arbitrator, or sole arbitrator
on international arbitral
tribunals in both «ad hoc» (including UNCITRAL) and institutional arbitrations under the Rules of, inter alia,
He acts for a range of local and
international corporations as well as UAE government entities with a specialist focus
on arbitration and all types of commercial and rental disputes before courts and
tribunals.
Diego Cadena is an Ecuadorian lawyer with the
international arbitration and litigation group in Washington, D.C.. His practice focuses on comparative law and international dispute resolution, especially in cases involving the representation of clients before the International Court of Justice in The Hague (ICJ), the International Centre for Settlement of Investment Disputes (ICSID) and the International Chamber of Commerce (ICC) among other internation
international arbitration and litigation group in Washington, D.C.. His practice focuses
on comparative law and
international dispute resolution, especially in cases involving the representation of clients before the International Court of Justice in The Hague (ICJ), the International Centre for Settlement of Investment Disputes (ICSID) and the International Chamber of Commerce (ICC) among other internation
international dispute resolution, especially in cases involving the representation of clients before the
International Court of Justice in The Hague (ICJ), the International Centre for Settlement of Investment Disputes (ICSID) and the International Chamber of Commerce (ICC) among other internation
International Court of Justice in The Hague (ICJ), the
International Centre for Settlement of Investment Disputes (ICSID) and the International Chamber of Commerce (ICC) among other internation
International Centre for Settlement of Investment Disputes (ICSID) and the
International Chamber of Commerce (ICC) among other internation
International Chamber of Commerce (ICC) among other
internationalinternational tribunals.
(a) In Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Private) Limited [2018] SGHC 78 («Rakna Arakshaka»), the Singapore High Court held that where a
tribunal had ruled
on its own jurisdiction as a preliminary question, the party wishing to challenge the
tribunal's jurisdiction had to bring that issue to the supervisory court within 30 days of receipt of notice of the
tribunal's ruling, pursuant to Article 16 (3) of the UNCITRAL Model Law («Model Law «-RRB-, read with section 10 (3) of the
International Arbitration Act («IAA «-RRB-.
He has for many years advised sovereign states
on disputes in
international tribunals and particularly specialises in work involving governments in sub-Saharan Africa.
Representing Italy in a dispute with India before the
International Tribunal for the Law of the Sea and an arbitral
tribunal constituted under the United Nations Convention
on the Law of the Sea concerning which of them has criminal jurisdiction over two Italian marines accused of wrongdoing off the coast of India.
Therefore, it should also be irrelevant whether investment
tribunals offer their views
on relevant EU law, and if so whether it is considered as part of domestic or
international law.
Garwill Law provides expert legal advice
on customs and excise, tariff and excise tax,
international trade law, constitutional and Charter law, immigration determinations, and administrative law (such as procedural fairness, reasonable apprehension of bias, or due process in courts and
tribunals).
When
on 1 December 2014 the Appeals Chamber upheld the decision of Trial Chamber I to condemn Thomas Lubanga Dyilo to 14 years of imprisonment for the enlistment and conscription of children under the age of 15, the Congolese warlord, who had already gone down in history as the first person transferred to the
International Criminal Court, became also the first war criminal to serve a final sentence given by the internatio
International Criminal Court, became also the first war criminal to serve a final sentence given by the
internationalinternational tribunal.
But the great difficulty in
international arbitration is that, as the rules
on legal privilege and professional confidentiality vary from country to country and the Sealed Offer is unknown outside England and a few other countries, a party or its lawyer can not be confident that its adversary, its lawyer and the individual members of the
tribunal will respect the confidentiality of a Sealed Offer.
The Chartered Institute of Arbitrators conference
on 13 November 2016 opened the week with a keynote address by Vincent Moran QC of Keating Chambers
on «Turbulent and troublesome
tribunals and the appearance of bias» and panel discussion
on «What makes an effective and efficient seat in
international arbitration?».
In 2013, the
International Bar Association published its Guidelines
on Party Representation in
International Arbitration, to which arbitral
tribunals may make reference.
Laurel S. Terry, Handout: Codes of Conduct for
International Tribunals and Arbitration for Panel Session
on Challenges of Transnational Legal Practice: Advocacy and Ethics at the American Society of
International Law 103rd Annual Meeting, March 27, 2009, Washington, DC
In an earlier phase of
international investment, when investors were more likely to challenge outright expropriations or other forms of bad - faith conduct, the availability of impartial
tribunals was seen as a valuable check
on host state abuse.
He has appeared and given oral evidence in court and at
tribunals on 48 separate occasions, at both a UK and
international level.
Laurel S. Terry, Codes of Conduct for
International Tribunals and Arbitration (Prepared for the 2009 ASIL Annual Meeting)(includes, inter alia, counsel codes of conduct for the ICC, ICTY, ICTR, the U.N. Guidelines
on the Role of Prosecutors, and the
International Prosecutors Association Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors)
Courts can take shortcuts by focusing their research
on salient indicia of state practice in the form of treaties and important decisions from
international tribunals, but those examples usually seem to tell only part of the story.
Advising a major global
international bank
on a range of employment
tribunal claims, including multi-strand and high value claims for discrimination and whistleblowing, and claims arising out of LIBOR regulatory investigations