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- Class Action; Arbitration; National labor Relations Act; Fair Labor Standards Act; Mandatory Class Action Waiver; Federal Arbitration Act (1)
- ISDS; international investment law; investor-state arbitration; arbitration; investor state dispute settlement; international arbitration; commercial arbitration; tribunals; FET; free trade; NAFTA; North American Free Trade Agreement; BIT; bilateral investment treaty; arbitrator; ICSID; Yukos; sovereignty; tribunals; CMS; quantum; DCF; Gold Reserve; Venezuela; UNCITRAL (1)
- Intellectual property rights; IP; trade shows; temporary restraining order; TRO; alternative dispute resolution; injunctive relief; U.S. District Court; District of Nevada; Las Vegas; eBay v. MercExchange; infringer; infringement (1)
- International investment law; ISDS; investor state dispute settlement; international arbitration; commercial arbitration; arbitration; ICSID; UNCITRAL; NAFTA; North American Free Trade Agreement; Trump; awards; quantum; litigation; DCF; Mobil; tribunal; Occidental; Gold Reserve; Venezuela; Tidewater; third-party funding; (1)
- Investor-State Dispute Settlement; ISDS; International Investment; Corporations; Investment; Foreign Investment; Investment Disputes of the World Bank; ICSID; United Nations Commission on International Trade Law; UNCITRAL; Arbitration; International Arbitration; Investment Treaties; Bilateral Investment Treaties; BITs; Expropriation; Minimum Standards; National Treatment; Trans-Pacific Partnership; TTP; Transatlantic Trade and Investment Partnership; TTIP; Convention on the Recognition and Enforcement of Foreign Arbitral Awards; Trade Agreements; Phillips Morris v. Uruguay; European Union; Investor Court System; 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; ICSID Convention; Comprehensive Economic and Trade Agreement; CETA (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii
The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii
Brooklyn Journal of International Law
The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.
Rethinking Isds, George Kahale Iii
Rethinking Isds, George Kahale Iii
Brooklyn Journal of International Law
The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.
Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble
Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble
Brooklyn Law Review
Infringements of intellectual property (IP) rights by exhibitors at trade shows (also called trade fairs or exhibitions), such as infringements committed through exhibitions of or offers to sell infringing products, can be extremely damaging to IP right owners because of the wide exposure that trade shows provide for infringing IP; the promotion of the infringing IP and the contacts made by infringers at trade shows can facilitate further infringements after a trade show that can be very difficult for IP right owners to prevent. IP right owners therefore seek to obtain emergency injunctive relief to stop trade show infringements immediately—if …
A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky
A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky
Brooklyn Journal of Corporate, Financial & Commercial Law
Recently, federal circuit courts have presented contrasting outcomes regarding the legality of mandatory class action waivers in arbitration agreements. More specifically, these outcomes vary on whether such waivers violate the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA), and importantly, whether it is possible for these statutes to coexist with the Federal Arbitration Act (FAA). The Second, Fifth, and Eighth Circuits have previously held that the act of an employer requiring employees to sign class action waivers in arbitration agreements posed no violation to either the FLSA or the NLRA. However, in May 2016, the Seventh …
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Brooklyn Journal of International Law
As the world has transitioned from national; isolated economies with localized issues into a globalized and interconnected economy with cross-border disputes; the law has struggled to keep up. Recent trade negotiations have highlighted the difficulty states face in promoting trade; while also creating a fair; accessible; and equitable forum for producers and consumers with nationalities touching every area of the globe. For several decades; Investor-State Dispute Settlement (ISDS) has been in place to address claims brought by foreign investors against the host states. External improvements have helped support foreign direct investment and the ISDS model of dispute resolution; such as …
Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas
Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas
Brooklyn Journal of International Law
The recent warming of relations between the United States and Cuba offered generations of Cubans; Americans; and Cuban Americans renewed hope for normalized relations. One obstacle—satisfactory resolution of property claims—stands in the way; which dates back to the Cuban government’s nationalization of all U.S. assets on the island. The Cuban Liberty and Democratic Solidarity Act of 1996 (the “Helms-Burton Act”) predicates resolution of these decades-old property claims by the Cuban government as an essential condition for the full resumption of economic and diplomatic relations between the two neighbors. Separated by only ninety miles of Caribbean Sea; but more than a …