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Articles 1 - 8 of 8
Full-Text Articles in Securities Law
Mobil V. Canada – Ratcheting Down The Scope Of Treaty Reservations, Lise Johnson
Mobil V. Canada – Ratcheting Down The Scope Of Treaty Reservations, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
As part of States’ efforts to strike a balance in their international investment agreements (IIAs) between the obligations they assume and the rights and policy space they wish to retain, some adjoin annexes to their treaties to protect their ability to take “Non-Conforming Measures” (NCMs). States have generally: used such annexes to make exceptions to non-discrimination obligations, market access restrictions and performance requirements; have included the ability to grandfather in NCMs existing at the time an IIA enters into force; and have provided for the ability to maintain, amend, and enact new NCMs in specifically identified sectors, sub-sectors, activities, or …
New Uncitral Arbitration Rules On Transparency: Application, Content And Next Steps, Lise Johnson
New Uncitral Arbitration Rules On Transparency: Application, Content And Next Steps, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
This paper discusses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, which were adopted in August of 2013 and went into effect on April 1, 2014. It draws on negotiating history to elaborate on the content of and purpose of each of the Rules’ provisions, and identifies options for and barriers to applying these Rules in future arbitrations.
Arbitration Case Law Update 2013, Jill I. Gross
Arbitration Case Law Update 2013, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
The U.S. Supreme Court and lower state and federal courts continue to decide cases under the Federal Arbitration Act (FAA) at an astounding rate. This chapter summarizes Supreme Court opinions over the past year that interpret the FAA, as well as selected lower court decisions that apply the FAA and could have an impact on securities arbitration practice.
Investor-State Contracts, Host-State “Commitments” And The Myth Of Stability In International Law, Lise Johnson, Oleksandr Volkov
Investor-State Contracts, Host-State “Commitments” And The Myth Of Stability In International Law, Lise Johnson, Oleksandr Volkov
Columbia Center on Sustainable Investment Staff Publications
A new de facto rule has emerged in international investment law that emphasizes and prioritizes investment stability, imposing liability on host governments for a wide range of public interest measures deemed to interfere with “commitments” given to foreign investors by host governments. The arbitral decisions from which this new rule has emanated in treaty-based investment disputes resolve types of claims that have long been familiar to domestic jurisdictions. Yet, as this article uncovers through a comparative law analysis of factually similar cases decided under United States law over roughly the past 200 years, the approaches taken and pronouncements issued by …
Privately Employed Hearing Officers: Hearing Board Procedures Of The New York Stock Exchange, David J. Agatstein
Privately Employed Hearing Officers: Hearing Board Procedures Of The New York Stock Exchange, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Effect Of The Dodd-Frank Act On Arbitration Agreements: A Proposal For Consumer Choice, Catherine Moore
The Effect Of The Dodd-Frank Act On Arbitration Agreements: A Proposal For Consumer Choice, Catherine Moore
Pepperdine Dispute Resolution Law Journal
The article presents information on the security in the markets and the regulatory reform as passed by the U.S. Congress. The impact of recession on the American economy and the destruction of public and private wealth are considered. The enactment of Dodd Frank Wall Street Reform and Consumer Protection Act and the executive compensations are discussed. The case law related to arbitration of disputes related to security and the need of law reform is also discussed.
What Finra Can Learn From Major League Baseball, Ben Einbinder
What Finra Can Learn From Major League Baseball, Ben Einbinder
Pepperdine Dispute Resolution Law Journal
The article presents information on the arbitration system formed by the Financial Industry Regulatory Authority (FINRA) with respect to the arbitration under the employment disputes in the financial industry. The arbitration models created by FINRA examine the disputes in the securities industry. Information on the impact of the Major League Baseball and its works on the employment disputes are also presented.
The Unjustified Furor Over Securities Arbitration, Gilbert R. Serota
The Unjustified Furor Over Securities Arbitration, Gilbert R. Serota
Pepperdine Law Review
No abstract provided.