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Evaluating human rights damages is one of the most challenging aspects of human rights adjudication. The Ontario Human Rights Code gives decisionmakers jurisdiction to order monetary compensation for injury to dignity, feelings and self-respect. Where discrimination is found, the...
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The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for … of commercial arbitration that uphold contract law. When used to resolve disputes between foreign companies it is an … exercise in private international law. Arbitration in ISDS, however, operates at the level of public international law, because …
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Paper explores a possible solution through arbitration forums, as a national and international policy matter, whether it can …
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-inconsistent AD/CVD ‘measures’ by focusing primarily on two Article 22.6 arbitration cases, i.e. US – Washing Machines (Article 22 …
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This chapter explores various arbitration issues from East-West and common law-civil law comparative viewpoints. The … Switzerland), as well as the main Anglophonic jurisdictions traditionally viewed as main players in the common law world in the …, exert varying degrees of influence and account substantially for variations in the arbitration issues considered: (1 …
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principle and the same can be linked to the law of merchant which can be further connected to the arbitration by using the rules … of custom as well as trade. The main reason to undergird the use of arbitration in the commercial transaction was to … concept of law of merchant was also prevalent, which gave rise to formation and enforcement of its rules in arbitration. The …
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Investment arbitration has long been dominated by a coterie of Western “grand old men.” Is it still? In this paper, we … examine the inroads women have made, drawing on a new database of approximately 4000 individuals in investment arbitration. We … exploit the variation in appointment procedures between the roles in arbitration: arbitrator (distinguishing between …
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