Trade and Investment
Hall Street Assocs. v. Mattel, Inc.: Supreme Court Denies Enforcement of Agreement to Expand the Grounds for Vacatur Under the Federal Arbitration Act
On March 25, 2008, the United States Supreme Court announced its judgment in Hall Street Assocs. v. Mattel, Inc.,[1] a case involving the exclusivity of the grounds for vacating arbitral awards under the Federal Arbitration Act (FAA). As explained below, the decision holds that the disputing parties may not agree to expand the grounds for vacatur beyond those listed in 9 U.S.C. § 10.
The WTO Gambling Dispute: Antigua Mulls Retaliation as the U.S. Negotiates Withdrawal of its GATS Commitments
Introduction
A WTO Panel Openly Rejects the Appellate Body's "Zeroing" Case Law
ICSID Annulment Committee Rules on the Relationship between Customary and Treaty Exceptions on Necessity in Situations of Financial Crisis
Introduction
Canadian-made Drugs for Rwanda: The First Application of the WTO Waiver on Patents and Medicines
On July 17, 2007, Rwanda notified the World Trade Organization's (WTO) Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) that it plans to import the HIV-drug TriAvir from the Canadian company Apotex and will not enforce any patents granted in that respect in Rwanda.[1] Two months later, Canada issued a compulsory license allowing Apotex to use nine patented inventions for manufacturing and exporting TriAvir to Rwanda.
WTO Panel decision in Brazil - Tyres supports safeguarding environmental values
German Constitutional Court Rules on Necessity in Argentine Bondholder Case
On May 8, 2007, the German Constitutional Court (the "Bundesverfassungsgericht") handed down a decision on the question of whether Argentina could invoke necessity under general international law as an affirmative defense against claims brought in German courts by private individuals for the country's default on sovereign bonds in early 2002.[1] While the Court accepted that necessity was recognized as precluding the wrongfulness of a breach of internation
The Bush Administration and Democrats Reach a Bipartisan Deal on Trade Policy
Introduction
The European Court of Justice Approves Lawsuits By The European Community Against Cigarette Companies In U.S. Courts
On September 12, 2006, the European Court of Justice (ECJ) sanctioned the decision of the European Community (EC) and member states to bring actions for damages against certain cigarette manufacturers in United States courts. The decision grew out of the companies' unsuccessful attempt to have the European Court of First Instance preclude any such lawsuits.