Australia announced that it would no longer agree to investor-state arbitration (and in fact now has a treaty in place with the United States that does not include investor-state arbitration).
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Last year Australia said it would not include investor-state arbitration in future trade agreements.
The decision in this case could have a huge impact on investor-state arbitration for both sides of the issue.
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If the tribunal rules in favor of El Salvador, activists are hopeful it would address some of the concerns over the use of investor-state arbitration in general.
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The lawyers agreed to arbitration because they knew that state politicians could never have honoured their contingency contracts, which would themselves have become the subject of prolonged litigation.
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Nadler is a partner at Reed Smith LLP who represents employers at all stages of both traditional labor relations and employment law matters, including cases in federal and state court, arbitration, and mediation, as well as matters before the Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission, the National Labor Relations Board, and various other federal and state agencies.
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That has rendered controversial some things that were once well accepted, like the existence of arbitration services which lighten the burden of the state by providing an alternative arena in which disputes can be settled.
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State insurance commissioners generally refuse to allow arbitration clauses in insurance contracts, federal law be damned.
We frequently represent clients in federal and state trial and appellate courts, in arbitration, and before government agencies, regulatory organizations and other tribunals.
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The Federal Arbitration Act has roots in the historic hostility of state judges to any sort of private contract that diminished their ability to question its terms.
For example, on Charity Hospital, I know the state has agreed to go through an arbitration process that Mary Landrieu helped set up that is designed to cut through and avoid a long, tangled mess, so that we can actually start rebuilding and providing services.
Ms Lagarde decided to use arbitration to settle a long-running legal battle between the state and Mr Tapie.
He cited a disagreement with the union over arbitration rules for teachers and his concern that agreements across the state would expire after one year, which he said rendered them essentially toothless because it takes at least two years of bad evaluations before districts can quickly fire a tenured teacher.
Allow the state employer to implement changes, and allow the union to contest those changes in arbitration.
She could be placed under formal investigation for the decision to use arbitration, against advice from senior advisers, to settle a long-running court battle between the state and Mr Tapie, a supporter of the then French President, Nicolas Sarkozy.
Critics said the case should not have been settled by private arbitration, since public money was at stake in the bank, which was part-owned by the state.
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