The Tamil Nadu government moved the Madras High Court for an interim stay on carmaker Nissan Motor from proceeding with international arbitration over the alleged non-payment of incentives being claimed by it from the State.
China has shown no hesitation in disregarding its obligations under the free trade agreement with South Korea to take retaliatory measures against the deployment of a US missile defense system in the peninsula, say Korean media
« La saisine permettra de clarifier la légalité de la clause d’arbitrage qui concerne non seulement le CETA, mais également le JEFTA avec le Japon et le VEFTA avec le Vietnam » explique Michel Cermak, chargé de recherche au CNCD-11.11.11
The investment treaty system is likely to be marked by the co-existence of investor-state arbitration and an international investment court, leading to pluralism rather than a dichotomous either/or choice or a clear before-and-after moment.
This Working Group was not “business as usual” because it was much more government-led than is typical of UNCITRAL Working Groups and it started out with a vote instead of conforming to UNCITRAL’s typical approach of working by consensus.