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Tokyo Dispute Resolution & Crisis Management Newsletter – September 2016

A Sleeping Sword – Protection for Japanese Corporations Investing Outside of Japan - A Guide to International Investment Agreements - Introduction - Over the past twenty years, International Investment...more

Loi Travail : sécurisation des forfaits jours

Labour law provides a number of adjustments to secure, now, annual annual working days in relation to the case raised requirements in recent years. 1. On 10 August 2016, new clauses must be provided by enterprise...more

Trans-Pacific Intellectual Property

The Trans-Pacific Partnership (TPP)—a favored talking point among our presidential hopefuls—is an international trade agreement between twelve nations. The agreement was signed earlier this year, but is not yet ratified in...more

Iran's World Court Case Against the United States May Impact Investment Arbitration

On June 14, 2016, the Islamic Republic of Iran sued the United States of America in the International Court of Justice (also known as the “World Court” or the “ICJ”) in the Hague, alleging that the U.S. government had...more

Brexit: Immigration consequences to the UK leaving the EU?

The United Kingdom (England, Scotland, Wales, and Northern Island) went to the polls June 23rd and voted to leave the European Union. Some pro-leave “Brexit” campaigners argued for the ability to limit migration of EU workers...more

Permanent Court of Arbitration Tribunal declines jurisdiction to hear Philip Morris’ challenge to Australia’s plain packaging laws...

News has just emerged that the Permanent Court of Arbitration (“PCA”) declined jurisdiction in a unanimous decision to hear the merits of Philip Morris’ expropriation claim against the Commonwealth of Australia. Philip...more

Tax Newsletter - July/August 2015 (China & Hong Kong)

Welcome to the latest issue of our Tax Newsletter. As you may be aware, much has happened since our last issue. In this issue, we highlighted a number of developments in both the PRC and Hong Kong that could be of legal and...more

The Trans-Pacific Partnership agreement (TPP), which promises significant trade liberalization and investment protection, is...

After 10 years of negotiations, trade ministers from 12 Pacific Rim countries representing 40% of the world’s economy and one-third of global trade have reached a trade agreement, referred to as the Trans-Pacific Partnership...more

H-1B Alternative Series: Flexibility in Foreign Trade and Treaty Visas

Our series exploring alternatives to the H-1B continues with foreign trade and treaty visas. Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery? Is your client from one of the 79...more

Business Litigation Report - August 2015

Extradition for U.S. Antitrust Crimes: An Anomaly or the New Normal? - In April 2014, Germany extradited Romano Pisciotti, an Italian national, to the United States to face criminal charges related to his alleged...more

Can First Nations Claim Aboriginal Rights and Title as well as Treaty Rights?

Yes, said the Court of Appeal for British Columbia (Court) in its recent decision in Chartrand v. British Columbia (Forests, Lands and Natural Resource Operations). The Court found that the provincial Crown had not adequately...more

Non-Disclosure, Inducement and Avoidance - A Blast From the Past in Reinsurance Litigation

The Commercial Court held in Axa Versicherung AG v Arab Insurance Group (B.S.C.) that, despite the reinsured's failure to disclose loss statistics and therefore to make a fair presentation of the risk, the reinsurer was not...more

Copyright Protection: Differences Between U.S. and Canadian Law

Copyright law protects creative works such as books, paintings, sculptures, songs, and movies. Businesses, nonprofit organizations, and individuals often own a wide variety of copyrights. Sometimes a copyright owner will not...more

EU Court of Justice finds OMT programme for purchase of government bonds not contrary to EU Treaties

In a judgment handed down on 16 June 2015, in the first ever preliminary reference made from Germany’s Federal Constitutional Court (Bundesverfassungsgericht), in Peter Gauweiler and Others v Deutscher Bundestag (Case...more

Eurozone Crisis: Possible Outcomes

There is no precedent for a country leaving the Euro, and speculation continues as to how the crisis will unfold, and what the consequences would be of an exit of a member. There is uncertainty around various scenarios, not...more

Week in Review – June 2015

Special Session – Not Yet - Governor Mark Dayton and House Republican leaders on Monday tentatively agreed to a two-year school spending budget, moving them one step closer to avoiding a partial government shutdown...more

Friendship, Commerce and Navigation Treaties and Title VII

On April 15, 2015, former employee Steven Heldt sued Tata Consultancy Services, Ltd. in United States District Court for the Northern District of California for discrimination. Tata is multinational corporation headquartered...more

Duty to Consult Not Triggered for Exploration Dispositions: Saskatchewan Court of Appeal

The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown’s duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation v Ministry of Energy...more

Alert: International Enforcement of English Asset Recovery Judgments

Civil proceedings brought by the state or a state entity are one mechanism to recover the proceeds of corruption, or to claim compensation for corrupt acts. Typically, substantial corruption cases are international in...more

BC Supreme Court to Consider Cumulative Impacts of Resource Development on Treaty Rights

On March 3, 2015, Blueberry River First Nation (“BRFN”) sued the Province of BC seeking to break new ground by considering the cumulative impacts of resource development on BRFN’s traditional territory and treaty rights....more

China/UK: Co-production treaty ratified

The UK Culture Secretary Sajid Javid has announced the ratification of a landmark film co-production treaty between the UK and China....more

Supreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands

On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in...more

The UK and China agree film co-production treaty to boost ‘Chinewood’

On 23 April, the UK and China signed a landmark film co-production treaty (the “Treaty”) with the aim of encouraging closer cultural ties between the UK and China. The Treaty offers a unique opportunity for UK films to...more

District Court Holds Guyana Not a Party to Warsaw Convention

- In deciding treaty status, courts place "controlling importance" on the governmental conduct of the countries at issue. - Guyana's post-independence accession to other treaties – but its failure to formally accede to the...more

Doing Business in Latin America and The Caribbean: Turks & Caicos Islands

The Turks and Caicos Islands (TCI) lie 575 miles southeast of Miami and 39 miles southeast of The Bahamas. There are eight principal inhabited islands which have an estimated population of 35,000. The legal system is based...more

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