Sylvia Mercado Kierkegaard (ed.) Trade. International Law and Trade Conference May 10-11, 2007 Proceedings

Size: px
Start display at page:

Download "Sylvia Mercado Kierkegaard (ed.) Trade. International Law and Trade Conference May 10-11, 2007 Proceedings"

Transcription

1 Sylvia Mercado Kierkegaard (ed.) International Law and Trade Bridging the East-West Divide International Law and Trade Conference May 10-11, 2007 Proceedings

2 ISBN13: ISBN10:

3 International Law and Trade Bridging the East-West Divide Ed. by Sylvia Kierkegaard

4 International Law and Trade Ankara Barosu Yay nlar (Ankara Bar Association Press) 1000 Adet bas lm t r. (1000 copies) 1.Bask /1. Edition Telif Hakk 2007 Iinternational Association of IT Lawyers (IAITL) Bu kitap Ankara Barosu taraf ndan bast r l p da t lm t r. Her bir makalenin telif hakk eserin yazar na ait olup, yazarlar n görü leri Ankara Barsounu ba lamaz. This book has been printed and distributed by the Ankara Bar Association. Views expressed by the writers are not binding on the Ankara Bar Association. leti im Adresi; (Contact) Ankara Barosu Ba kanl Ankara Adalet Saray Kat:5 (06100) S hhiye Ankara Tel : Faks : E-Posta : Web : Bask /printing : Teknoform Bas m Yay m Da t m Ltd. ti. Tel :

5 International Law and Trade: Bridging the East-West Divide Revised Edition ISBN13: ISBN10: All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical,photocopying, recording or otherwise without the prior written consent of the publishers. This book has been made possible through the support of the Ankara Bar Association. Adliye Saray 5.Kat S hhiye/ankara Phone: (Pbx) Fax:

6 ISBN13: ISBN10: Sylvia Mercado Kierkegaard 2007 by the International Association of IT Lawyers (IAITL) Copyright The submission of the paper implies and warrants that the article submitted are the author(s) own work and it does not infringe or violate the rights of anyone else. The author grants ILTC/IAITL the non-exclusive rights to reproduce and distribute in whole or in part, the work submitted to the Conference for publication. The agreement does not cover reproduction for purposes that are essentially commercial. Furthermore, the author(s) understand that it is their sole responsibility to obtain written permission to include any copyrighted materials in his/their article. In addition, all trademark use within the manuscript must be credited to its owner, or written permission to use the name must be granted. The author(s) will hold the publisher harmless from any unlawful matter contained in his submitted work. The author(s) in consideration of the publication of the above named manuscript understand and agree that: Copyright in the article will remain with the owner of the copyright. By submitting an article to the conference, the owner of the copyright grants the publishers with a license to publish the article. The author warrants that he is the owner of all rights of copyright in the article. Where the author subsequently publishes the article, the author is requested to acknowledge the article appeared in the book of proceedings. The Author(s) will indemnify and defend the Publisher against any claim, demand or recovery against the Publisher by reason of any violation of any proprietary right or copyright, or because of any libellous or scandalous matter contained in the Manuscript. The Publisher will have the right to edit the work for the original edition and for any revision, provided that the meaning of the text is not materially altered. This Agreement represents the entire understanding between the parties hereto with respect to the subject matter hereof and this Agreement supersedes all previous representations, understandings of agreements, oral or written, between the parties with respect to subject matter hereof and cannot be modified except by a written instrument signed by the parties hereto. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns and personal representatives.

7 Foreword International trade law is expanding rapidly during the era of globalization. The rules of the trade game and global economics are being refined to cope with market liberalization and intense market competition. Rapid evolution has occurred in several business areas that would have been difficult to predict only a few years ago. This has been made possible by new technologies, which provide unprecedented opportunities for economic development. International trade agreements involving information technology, international telecommunications and financial services have been concluded within the framework of the World Trade Organization (WTO), and new international trade policies are being developed that shape the way trade is conducted. This dynamic business environment presents continuing challenges as lawyers, businesspersons, and policymakers seek to stay abreast of current developments. What then is international trade? It covers a wide and diverse spectrum which is reflected in this book. The articles shed light on issues such as IPR, arbitration, environment, IT law, and particular matters in multilateral and bilateral trade agreements. The articles illuminate controversies and at the same time, contribute to enrich the legal and economic literature This book offers a collection of research papers written and presented by some of the worlds top experts on international trade law and economics at the International Conference on Law and Trade held in Istanbul on May 10-12, The Conference was organized by the International Association of IT Lawyers in cooperation with Istanbul Bilgi University, a leading institution in Turkey for the study and development of technology law. The purpose of the Conference was to build communities among constituencies interested in these varied yet related topics, including researchers, policymakers, practitioners, and business people, who are seeking to develop new ideas and to enhance their understanding of the international trade environment. Access to the international perspectives of participants representing six continents and more than two dozen countries provides an enriching and unique experience. The book has taken shape as a result of contributions from a number of individuals and through the generous support of the Ankara Bar Association. We are grateful to all the authors, sponsors, and program committee members, and in particular to those from the IT Law Research Center of Istanbul Bilgi University This book provides new perspectives, challenges and recommendations about trade. We invite you to read more in the following pages. Sylvia Mercado Kierkegaard Editor

8

9 International Trade & Maritime Law Table of Contents A Comparison of US Judicial and NAFTA Panel Review of Trade Remedy Cases...1 Juscelino F. Colares and John W. Bohn Sound Science and Trade Barriers: Democracy, Autonomy and the Limits of the SPS Agreement...10 Edward Morse Bridging the Gap in the Doha Talks: A Look at Services Trade...21 Rafael Leal-Arcas GATT/WTO and MEAs: Resolving the Competing Paradigm...31 Abdul Hasseb Ansari Iraq s Accession to the WTO: Commitments and Implications...43 Bashar Hikmet Malwaki Need for FLCs in India with Respect to Honouring the GATS...53 Krishnendu Sen and Ritankar Sahu Traditional Knowledge, the CBD and the TRIPS Regime: Synthesising the Discordant Discourses at the WTO...62 Vydyanathan Lakshmanan Rescuing the Inexhaustible (The Issue of Fisheries Subsidies in the International Trade Policy...71 Ekaterina Anyanova The Development of Maritime Laws in Malaysia-Selected Issues...83 Faizah Nazri Abd Rahman Trade and Investment An East-West Contrast of Foreign Direct Investment on Small Business Development...89 David Floyd & Sandhla Summan Truth Finding: Do Subsidies Continue After Privatization?...94 Yu Wu Foreign Direct Investment in India with Special Focus on Retail Trade Tanay Kumar Nandi and Ritankar Sahu Buying Properties in Malaysia? Highlight on Laws, Policies and their Implications on Foreign Land Ownership Nor Asiah Mohamad World Economy and Globalisation Globalization and China s Pathway in Quest for a New Identity Wei Dan How To Cope with the Globalization : Recommendations for the EU Novel Members Amos Avny

10 Human Rights and Governance International Law and Trade: Bridging the East-West Divide Table of Contents The Prohibition of Bribery of Foreign Public Officials under the South African Legislation and the African Union Convention: An Examination of its Strengths and Weaknesses Omphemetse Sibanda Structuring Money Laundering Control as Mechanism for Controlling Corruption In Nigeria: Need for Enhanced International Cooperation Charles O.Adekoya International Human Rights Law: Providing Measurement Tools for CSR Diego Quiroz-Ornate and Mhairi Aitken Legal and Technological Developments Concerning egovernment Services in Poland Paul Przemyslaw Polanski Democracy and Human Rights: Reappraising the Rhetoric of Interdependence and Mutual Reinforcement Ubong E. Effeh Corporate Governance, Business and Finance The Legal Implications of Reputation Risk Management for Franchisors Tom Burns The New EU Services Directive: Metaphor for Europe Today; Model for Expanding International Harmonization Tomorrow Patrick Hugg Relieving the Burden of UK Capital Taxation on Business Tim Vollans Auditor s Liability towards Third Parties within the EU: A Comparative Study between the United Kingdom, The Netherlands, Germany and Belgium Ingrid De Poorter Recent Developments of Corporate Governance in the Global Economy and the New Turkish Commercial Draft Law Reforms Cuneyt Yuksel Financial Collateral Arrangements Gulenay Rusen Virtual Meeting of Shareholders and its Immediate Rewards H. Jaap van den herik and Svetla Pencheva Possibilities of Measuring the Option Clauses Value in Sports Contracts: Empirical Study Ji í Strouhal Intellectual Property Rights Taking Patents Seriously Helen Gubby,Pieter Kleve and Richard De Mulder Intellectual Property Rights from an Islamic Perspective Salah Zaineddin I TM : Avatars as Trade Marks Angela Adrian The Purpose of Copyright Protection in Jordan & Canada: A Brief Comparison Saleh Al-Sharie

11 Table of Contents Consumer Protection Consumer Protection and Commercial Transactions in Malaysia Talat Mahmood Abdul Rashid Current International Trends in International Product Liability Law Esin Kucuk Sengur Arbitration & Mediation Waiver of a Right to Arbitrate by Resort to Litigation, in the Context of International Commercial Arbitration Peter Gillies and Andrew Dahdal Integrating Equity and Mediation into International Commercial Arbitration to make it More Economical and Just Syed Khalid Rashid Recognition & Enforcement of 'Foreign Arbitral Awards': A Comparative Study Anirudh Dadhich and Arun Kumar Bajaj Mediation in an IP context: WIPO or ICC? Ioanna Thoma Cyberlaw Towards Privacy-Preserving Data Mining in Law Enforcement Stijn Vanderlooy, Joop Verbeek and Jaap van den Herik Erroneous Execution of Payment Transactions: What Will Be New in the Future? Reinhard Steennot Spam, Spamdexing and Regulation of Internet Advertising Paul Przemyslaw Polanski Some Remarks on the Jordanian Electronic Transaction Act Hisham Tahat The Importance of Live Link in Child Abuse Cases (Incest) Norbani Mohamed Nazeri Virtual Criminal Law in Boundless New Environments B.J.V. Keupink The You Tube Case: Privacy Protection or the Right to Try to Have Sex on the Spanish Public Beaches? Carlos Rohrmann

12

13 Ed. by Sylvia Kierkegaard

14

15

16 A Comparison of U.S. Judicial and NAFTA Panel Review of Trade Remedy Cases Juscelino F. Colares Assistant Professor of Law Syracuse University College of Law John W. Bohn Attorney Dewey Ballantine, LLP (Washington, D.C.) Abstract. Empirical analysis of NAFTA Chapter 19 panel decisions shows that they are far more likely than U.S. courts to overturn U.S. agency decisions despite being bound to apply the same law under the same standard and principles of review that U.S. courts adopt. Also, Chapter 19 panels have produced outcomes more favorable to Canadian importers than have U.S. courts. This outcome illustrates that the facial legal terms of an international agreement may give a misleading impression of how it will actually be implemented, and suggests that greater attention must be paid to how it will be interpreted and by whom. 1. Introduction The United States, like Canada and nearly every other industrialized nation, maintains "trade remedy" laws that authorize U.S. administrative agencies to impose duties on imported goods they find to be "dumped" or subsidized. These antidumping (AD) and countervailing duty (CVD) determinations are subject to review by U.S. federal courts. Chapter 19 of the Canada-United States Free Trade Agreement (CUSFTA) and its successor, [2] the North American Free Trade Agreement (NAFTA), allowed replacing review of agency decisions by national judges on trade-remedy cases with review by binational panels appointed jointly by the governments involved (Canada-United States Free Trade Agreement [CUSFTA], 1988, art. 1904; North American Free Trade Agreement [NAFTA], 1993, art. 1904). Chapter 19 requires these binational panels to review agency decisions on AD and CVD law using the same standard of review and substantive law as would the domestic courts they replace (CUSFTA, 1988, art. 1904(3); NAFTA, 1993, art. 1904(3)). NAFTA also prohibits domestic judicial review once one of the members requests the formation of a panel, and requires them to obey the decisions of these panels (CUSFTA, 1988, art. 1904(1); NAFTA, 1993, art. 1904(1)). The U.S. and Canadian governments adopted this arrangement as a compromise after the United States rejected Canada's demands that CUSFTA eliminate all antidumping and countervailing duties in trade between the two countries (Hart, 1989, p ). Canadians reasoned that this new mechanism for review of agency decisions would put a check on what they perceived as a predisposition on the part of U.S. agencies to rule in favor of U.S. industry petitioners (U.S. General Accounting Office [GAO], 1995, p. 3). Prior studies of Chapter 19 agree that these panels overturn U.S. agency decisions more often than U.S. judges. Yet, none of these studies has provided an actual empirical comparison of how review has been different under these two systems. This Article reviews prior research and extends it by comparing the results of judicial review of U.S. agency determinations with Chapter 19 review 2. U.S. Trade Remedy Law The AD and CVD law in the United States is a complex set of statutes designed to ensure that the executive branch takes action against unfair trade practices by foreign countries and/or foreign companies trading with the U.S. Usually, a U.S. manufacturer files a petition with the U.S. Department of Commerce (Commerce) (Tariff Act of 1930 (1930) 702 & 732). The petition must claim that imports from another country have benefited from government subsidies (CVD) or are being sold in the U.S. at prices lower than in their home market (AD) (Tariff Act of 1930 (1930) 702 & 732). After a brief preliminary inquiry into the sufficiency of the petition, Commerce then conducts an investigation to determine if the petitioner's claims are valid (Tariff Act of 1930 (1930) 702 & 732). Concurrently, the U.S. International Trade Commission (ITC) investigates whether the 1

17 U.S. domestic industry has suffered injury by reason of such imports (Tariff Act of 1930 (1930) 705 & 735). If both agencies make affirmative determinations, then Commerce calculates an offsetting duty that will be applied against the subject import (Tariff Act of 1930 (1930) 705 & 735). Agency determinations can only be reviewed by the U.S. Court of International Trade (CIT), an Article III court sitting in New York City (Customs Courts Act (1980) 201). The U.S. Court of Appeals for the Federal Circuit (CAFC) has exclusive appellate jurisdiction over final decisions of the CIT (Federal Courts Improvement Act (1982) 715). The U.S. Supreme Court has discretion to review CAFC decisions (Act to Improve the Administration of Justice by Providing Greater Discretion to the Supreme Court in Selecting the Cases it will Review (1988) 2), though it has reviewed only a handful of AD and CVD cases in the last hundred years. [3] Review of U.S. agency final determinations occurs under the "substantial evidence" standard. Under this standard, the reviewing court decides whether such determinations are "unsupported by substantial evidence on the record, or otherwise not in accordance with law" (Tariff Act of 1930 (1930) 516A). Specifically, this standard has been interpreted to be the equivalent of asking "'is the determination unreasonable?'" (SSIH Equip. SA v. U.S. Int'l Trade Comm'n (1983), p. 381 as cited in Nippon Steel Corp. v. United States (2006), p. 6). In the majority of cases, when deciding whether an agency's decision is "not in accordance with law," a court will provide some deference to the agency's legal interpretations, upholding them unless they are "effectively precluded by the statute" (PPG Indus. V. United States (1991), p. 1573). While this review process is open to all foreign parties who wish to appeal U.S. agency determinations before U.S. courts, NAFTA member countries have another option in Chapter 19 panel review. 3. The Chapter 19 Review System Chapter 19 came into effect on January 1, 1989 (CUSFTA, 1988, art. 2105). Members agreed to waive their sovereign right to have their agency determinations be reviewed by their domestic courts, opting instead for review by binational panels (NAFTA, 1993, art. 1904(1)). Agency compliance with its country's domestic trade remedy laws, as determined by these binational panels, would be the measure of that country's compliance with its NAFTA obligations (NAFTA, 1993, art. 1904(2)). Thus, parties from NAFTA countries affected by U.S. trade remedy determinations were given the option to seek either U.S. judicial or Chapter 19 panel review (NAFTA, 1993, art. 1904(5); Tariff Act of 1930 (1930) 516A). However, a request for the formation of a binational panel by any party who took part in the agency proceedings forecloses U.S. court review of such determinations (NAFTA, 1993, art. 1904(11); Tariff Act of 1930 (1930) 516A). Panels, which consist of "experts" in international trade matters (usually lawyers in private practice), are bound to apply the domestic law of the party whose agency order is challenged, i.e., the law of the importing country (NAFTA, 1993, annex (1)-(2); Tariff Act of 1930 (1930) 516A). More importantly, as reviewing authorities, NAFTA panels must apply "the standard of review... and the general legal principles that a court of the importing party otherwise would apply to" determinations of the competent agencies in the importing country (NAFTA, 1993, art. 1904(3)). Therefore, NAFTA panels reviewing Commerce or ITC trade remedy decisions are bound to (a) apply U.S. trade remedy law; and (b) employ the statutorily mandated standard of review and assume a level of deference similar to that extended to such agencies by the CIT and the CAFC (NAFTA, 1993, art. 1904(3); GAO, 1995, p. 35). In contrast to the U.S. judicial review system where the Federal Courts of Appeal have no discretion to refuse appeals of final determinations from lower courts (Customs Courts Act (1980) 201; Federal Courts Improvement Act (1982), 124; Act to Establish a United States Court of Appeals for the Federal Circuit (1982), 124) there is no appeal as a matter of right from a panel decision. Under NAFTA, only governments can file a request for an "extraordinary challenge" to a panel decision (NAFTA, 1995, art. 1904(13)). Extraordinary Challenge Committees ("ECCs") exist partly to ensure that NAFTA decisions remain consistent with domestic law and precedent, (Pure Magnesium from Canada (ECC Report), 2004, para. 29) [ 4] but are permitted only in relatively extreme circumstances. For example, a government can file an extraordinary challenge if a panelist is guilty of "gross misconduct," or the Panel "manifestly exceeded its powers, authority or jurisdictionfor example by failing to apply the appropriate standard of review," but even then only if such an action "materially affected the panel's decision and threatens the integrity of the binational panel review process" (NAFTA, 1993, art. 1904(13)). 2

18 4. Earlier Studies on the Record of Chapter 19 Review Many authors have in some way sought to compare the results of Chapter 19 review of U.S. agency decisions with the outcomes of adjudication by the CIT and CAFC (Cannon, 1994; GAO, 1995; Goldstein, 1996; Jones, 2000; Krauss, 1993; Lowenfeld, 1991; Macrory, 2002; Mercury, 1995; Pan, 1999; Riccardi, 2002). They all have noted that Chapter 19 panels overturn agency decisions more often than the U.S. courts (Cannon, 1994; GAO, 1995; Goldstein, 1996; Jones, 2000; Krauss, 1993; Lowenfeld, 1991; Macrory, 2002; Mercury, 1995; Pan, 1999; Riccardi, 2002). Most consider this a desirable outcome or at least one permissible under U.S. law (Goldstein, 1996, p. 562; Jones, 2000, p. 149; Lowenfeld, 1991, p. 338; Macrory, 2002, p. 18; Mercury, 1995, p ; Pan, 1999, p ). Some studies have also compared how Chapter 19 panels review U.S. and Canadian agency decisions. They have concluded that Chapter 19 panels have showed far more deference to Canadian decisions, and have ruled more often in favor of petitioners from Canada (Jones, 2000, p. 149; Mercury, 1995, , ). None of these studies, however, has systematically looked at the outcomes of all Chapter 19 decisions during both CUSFTA & NAFTA periods. They relied on either data available from the CUSFTA period or data from the earlier years of NAFTA. More importantly, no prior study has compared the results of Chapter 19 review with outcomes of U.S. judicial review. 5. Empirical Analysis of Federal Judicial and NAFTA Review of U.S. Agency Determinations on Trade Remedy Cases from 1989 to Statement of Hypotheses and Some Methodological Considerations To empirically verify whether the agreed-upon review mechanism of NAFTA has behaved similarly to the CIT/CAFC review system, we looked at quantifiable aspects of decisions by these parallel adjudicatory systems. To confirm or refute the general impression that NAFTA panels have been less deferential to U.S. agency decisions than U.S. courts, we examined AD/CVD rate, scope and injury decisions before and after review. [ 5] The goal was to test the following two hypotheses: [ 6] H 1 : NAFTA panel review is less likely to leave rate determinations unchanged than U.S. federal court review; and H 2 : NAFTA panel review is less likely to result in rate increases than U.S. federal court review. The first hypothesis tests specifically whether original AD/CVD rate determinations by U.S. agencies have the same "success" rate under the two review systems. By looking at whether the final results of either type of review maintain or alter the original agency decisionby reference to what happens to the rate after all review is completedone can develop a picture of how often agency findings (whether affirmative or negative) receive deference. For our purposes, an agency "win" is either an outright affirmance by the CIT or NAFTA panel or an affirmance of a determination on remand that leaves the original rate undisturbed. Conversely, a "loss" occurs whenever the rate changes as a result of review. Assuming ceteris paribus conditions, if one detects statistically significant differences in the way the two adjudicatory systems approach agency decisions under review, one can then identify one of these two systems as being systematically less deferential than the other. Looking at a subset of these cases, the data collected under the second hypothesis helps us answer what happens to rates when an agency is reversed. This hypothesis notably excludes cases where agencies have "won," as explained in the first hypothesis. By examining how rates change as a result of review, we attempt to detect whether a particular statistically significant trend in the direction of rates exists. Specifically, when we exclude cases where rates remain the same after review, do these adjudicatory systems differ in terms of trends in post-review rates in such a way that one tends to reduce or increase rates more than the other? If one of these review systems is more likely to reduce agency-determined AD/CVD rates than the other, then we can consider that particular system to be more beneficial to exporting interests than to the competing domestic industry in the importing country. Thus, by determining that one review system is more likely to increase (or decrease) rates than the other, we should be able to identify which set of economic interests tend to benefit more under each systeman inquiry beyond the notion of deference, tested in the first hypothesis. 3

19 5.2 The Data To test the two hypotheses, we obtained data from a sample of completed results of CIT/CAFC review and from all NAFTA binational decisions in the period from January 1, 1989 to December 31, These results focused on determinations made by the Department of Commerce and the ITC. As we looked at each of these decisions, we monitored subsequent developments in case outcomes by looking at agency determinations on remand. Upon completion of data collection, we coded each case for purposes of hypothesis testing. In addition to summarizing the results in the text below, we provide the results in table format in the appendix. In order to include ITC cases within our sample, we developed a method that allowed us to convert review results from injury determinations into a rate-based approach. Because of the binary nature of injury determinations in U.S. trade remedy law, final judicial or NAFTA review of affirmative injury determinations can result in either affirmance or revocation of the underlying AD/CVD duty order (Tariff Act of & 703). Therefore, an affirmance of an affirmative injury determination was coded as a decision that does not alter the rate, while a final decision vacating or calling for the revocation of a prior affirmative injury determination on remand means that the rate is in effect reduced (i.e., the rate actually disappears) as a result of the order being revoked. Accordingly, final affirmance of a negative injury determination was interpreted as a decision that leaves the rate unchanged (i.e., the rate remains at zero as no order imposing offsetting duties exists), while a court or panel-mandated remand that subsequently results in the ITC issuance of an affirmative injury remand redetermination was counted as a change in rates, since duty rates will necessarily be imposed and rates will change from zero upwards. 5.3 Statistical Comparison of Chapter 19 and U.S. Judicial Review Outcomes First Hypothesis: NAFTA panel review is less likely to leave rate determinations unchanged than U.S. federal court review Review by U.S. courts results in no change in the agency-determined rate about 68 percent of the time, while NAFTA review maintains the original rate only about 34 percent of the time. Thus, in rounded figures, over 2 challenges in 3 fail to succeed in changing U.S. agencies' rate decisions in U.S. courts. Yet, only 1 challenge in 3 at NAFTA fails to change rates. Conversely, U.S. judicial review of agency determinations change rates less than one-third of the time, while review at NAFTA does so just short of two-thirds of the time. These results demonstrate that varying the review system impacts the likelihood that rates will remain the same. To be precise, U.S. judicial review is more deferential to prior agency determinations than NAFTA binational review because it allows the status quo to stand much more frequently. To determine whether a statistically significant relationship exists between "adjudicating system" and "rate status," we performed a Fisher's Exact Test. Obtaining a p-value less than.0001 (one-tailed), we were able to corroborate our hypothesis that NAFTA panel review is less likely to leave rate determinations unchanged than U.S. federal court review. That the source of review affects whether rates change, suggests that U.S. judicial review is more deferential to agency determinations than NAFTA as a result of the principle of judicial deference prevailing in all administrative litigation in U.S. courts Second Hypothesis: NAFTA panel review is less likely to result in rate increases than U.S. federal court review By examining the subset of decisions where U.S. agencies were reversed, we seek to determine if the two review systems also differ with respect to the direction that revised rates assume after review is completed. Although both review systems are more likely to decrease than increase rates when they reverse agencies, they differ markedly in terms of how often rates are increased or decreased. When U.S. courts reverse U.S. agencies, their review leads to increased rates about 32 percent of the time or almost 3 times for every 10 reversals. NAFTA does so 8 percent of the time or less than once for every 10 reversals. In relative percentages, NAFTA review is thus four times less likely to result in increased rates than U.S. court review. Conversely, after NAFTA review, rates are decreased 92 percent of the time compared to only 68 percent of the time in U.S. federal courts. Statistical testing (p-value approximately.0212) confirmed the interpretation above, allowing us to corroborate our hypothesis that NAFTA panel review is less likely to result in rate increases than U.S. federal court review. That NAFTA review is more likely to result in rate decreases than U.S. judicial review, supports 4

20 the earlier inference that NAFTA is more beneficial to exporting interests than to the competing U.S. domestic industry seeking relief against foreign trade practices. 5.4 Why a Priest-Klein Case Selection Effect Cannot Account for the Results of Chapter 19 Litigation Priest and Klein (1984) posited that samples consisting only of litigated cases are not necessarily representative of the larger population of disputes about which one draws causal inferences. [ 7] In light of this, one may question whether a case selection effect might actually account for the demonstrated propensity of Chapter 19 panels to rule against U.S. agency decisions. If fewer challenges to NAFTA mean only stronger cases are being pursued, the difference in reversal rates between the two systems may be a result of case selection, rather than an indication of less deference in the Chapter 19 system. Data on the frequency of Canadian appeals refute this conjecture. First, from 1989 through 2003 (the most recent year for which statistics on agency orders are available), the U.S. issued 15 AD/CVD orders on Canadian imports (International Trade Administration [ITA] (a), 2006; ITA (b), 2006; ITA (c), 2006), all of which were appealed to Chapter 19 panels. That Canadian parties chose to challenge every order a U.S. agency issued against their exportsall leading to NAFTA decisions without a single settlementshows how unselective they have been with respect to their decisions to appeal. That Canadian appeals have become more frequent since the creation of Chapter 19 review refutes the notion that these cases are somehow made up of stronger claims. 5.5 Pre-Chapter 19 Litigation Results in Cases Involving Canadian Goods A comparison between litigation patterns in challenges to U.S. agency determinations on Canadian goods before and after the creation of Chapter 19 is necessary. Should Chapter 19 reversal rates match those of U.S. judicial review in the years immediately preceding its creation, one would be forced to conclude that Chapter 19 is not deciding Canadian cases differently than would the U.S. courts it replaced. We now examine the rate of U.S. agency wins and losses during the post-chevron period that preceded the creation of Chapter 19 ( ). While a perfect comparison between the datasets in the two periods is not possible due to lack of information on the status of rates (pre- and post-review), we can still roughly determine the extent to which U.S. agency decisions were maintained (or changed) by analyzing published court opinions involving Canadian goods in the relevant period. A search of published CIT decisions produced 17 separate cases brought by U.S. domestic industry, U.S. importing industry or Canadian producers. Of these 17 cases, the U.S. government won 10 (58.82 percent), with other parties winning 7 (41.18 percent). While this analysis does not reveal what happened to the rate after court review, it uses U.S. government wins as a proxy for agency affirmance and, therefore, deference. We suspect that if we had the data on rates before and after review, some of these cases would result in rates being left ultimately unchanged, since, as we learned from our other sample ( ) that not all court reversals lead to rate decreases on remand. Regardless, this means that at least 58 percent of cases resulted in no change in rates. In comparison with the percent U.S. agency win rate at NAFTA, this is quite a change. Furthermore, we can surmise that nonagency parties went from a less than 42 percent win rate before NAFTA to a 66 percent win rate, which is a significant increase. Thus, we can conclude that change in review systems brought a greater agency reversal rate. Of course, this analysis combines under the label "other parties" Canadian and U.S. plaintiffs (U.S. domestic industry and U.S. importers). But for the desire to reverse prior agency action, these parties have opposing interests. Therefore, we analyzed these 17 cases according to whether the party who won had a preference to maintain or increase duty rates (U.S. government and U.S. domestic industry), or was attempting to reduce or eliminate these rates altogether (Canadian producer and U.S. importer). Bearing in mind that U.S. agencies won 10 of these cases, if one takes note of the fact that, among the 7 wins for other parties, 3 wins are for U.S. domestic industry, one can conclude that pro-rate parties won (at least) percent of these pre- NAFTA cases, much higher than the percent win rate for anti-rate parties. These changes in rates of agency reversal and duty rate reductions show a systemic pattern: far from mirroring preexisting litigation patterns in U.S. judicial review, the switch from CIT adjudication to Chapter 19 review has profoundly altered the general profile of outcomes in favor of Canadian producers and against U.S. agencies and U.S. domestic industry. More importantly, they corroborate the notion that Chapter 19 panels have not behaved like the U.S. courts they replaced. 5

UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED

UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED Senate Bill 714 (as enacted) PUBLIC ACT 159 of 2014 Sponsor: Senator Tonya Schuitmaker Senate Committee: Judiciary House Committee: Judiciary

More information

International Patent Litigation and Jurisdiction. Study of Hypothetical Question 1 Under the Hague Draft Convention and Japanese Laws

International Patent Litigation and Jurisdiction. Study of Hypothetical Question 1 Under the Hague Draft Convention and Japanese Laws International Patent Litigation and Jurisdiction Study of Hypothetical Question 1 Under the Hague Draft Convention and Japanese Laws Yoshio Kumakura Attorney at Law Nakamura & Partners 1 The 1999 Draft

More information

Courts & Our Legal System

Courts & Our Legal System Courts & Our Legal System 2012 (Version 1.0) This booklet has been prepared, published and distributed by the Public Legal Education Association of Saskatchewan (PLEA). The purpose of PLEA and this booklet

More information

EXECUTIVE SUMMARY OF U.S. APPELLANT SUBMISSION

EXECUTIVE SUMMARY OF U.S. APPELLANT SUBMISSION EXECUTIVE SUMMARY OF U.S. APPELLANT SUBMISSION 1. Introduction. The ETI Panel Report is analytically flawed and expands the meaning of provisions of the SCM Agreement. In addition, the Panel s analysis

More information

INTELLECTUAL PROPERTY UPDATE

INTELLECTUAL PROPERTY UPDATE INTELLECTUAL PROPERTY UPDATE May 2007 1 Hogan & Hartson LLP INTELLECTUAL PROPERTY UPDATE Supreme Court Holds That 35 U.S.C. 271(f) Does Not Apply To Golden Master Disks In a decision handed down April

More information

Adaptive System of School Improvement Support Tools (ASSIST ) TERMS AND CONDITIONS

Adaptive System of School Improvement Support Tools (ASSIST ) TERMS AND CONDITIONS Adaptive System of School Improvement Support Tools (ASSIST ) TERMS AND CONDITIONS Effective as of October 1, 2014 IMPORTANT THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or the "Authorized User") AND ADVANCE

More information

Executive summary and overview of the national report for Denmark

Executive summary and overview of the national report for Denmark Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,

More information

Acceptance of Terms. Terms of Service. Privacy Policy. Terms Applicable to All Products and Services. Last Updated: January 24, 2014

Acceptance of Terms. Terms of Service. Privacy Policy. Terms Applicable to All Products and Services. Last Updated: January 24, 2014 Acceptance of Terms Last Updated: January 24, 2014 Terms of Service Please read this Terms of Service Agreement carefully. MedicaidInsuranceBenefits.com ("MedicaidInsuranceBenefits.com," "our," "us") provides

More information

LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS

LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS TRIBAL COURT Chapter 7 Appellate Procedures Court Rule Adopted 4/7/2002 Appellate Procedures Page 1 of 12 Chapter 7 Appellate Procedures Table of Contents 7.000

More information

SEC Receivers v. Bankruptcy Trustees: Liquidation by Instinct or Rule

SEC Receivers v. Bankruptcy Trustees: Liquidation by Instinct or Rule SEC Receivers v. Bankruptcy Trustees: Liquidation by Instinct or Rule Written by: Marcus F. Salitore Jackson Walker LLP; Dallas, Texas msalitore@jw.com Civil complaints filed by the Division of Enforcement

More information

COST AND FEE ALLOCATION IN CIVIL PROCEDURE

COST AND FEE ALLOCATION IN CIVIL PROCEDURE International Academy of Comparative Law 18th World Congress Washington D.C. July 21-31, 2010 Topic II.C.1 COST AND FEE ALLOCATION IN CIVIL PROCEDURE National Reporter - Slovenia: Nina Betetto Supreme

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: ROBERT M. EDWARDS, JR. Jones Obenchain, LLP South Bend, Indiana ATTORNEY FOR APPELLEE: KATHRYN A. MOLL Nation Schoening Moll Fortville, Indiana IN THE COURT OF APPEALS

More information

Technical Help Desk Terms of Service

Technical Help Desk Terms of Service Technical Help Desk Terms of Service This esecuritel Technical Help Desk Terms of Service (the Agreement ) is provided in connection with the eligible tablet enrolled in either the Advanced Protection

More information

ENVIRONMENTAL AND PRODUCT SAFETY CASES IN THE WTO WTO Research Center of AGU William J. Davey *

ENVIRONMENTAL AND PRODUCT SAFETY CASES IN THE WTO WTO Research Center of AGU William J. Davey * ENVIRONMENTAL AND PRODUCT SAFETY CASES IN THE WTO WTO Research Center of AGU William J. Davey * I. Introduction A. The World Trade Organization - Background - result of Uruguay Round negotiations 1986-1994

More information

These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork,

These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork, TERMS AND CONDITIONS INFLUENCERS AT WORK These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork, Ltd. ( InfluencerAtWork ) and you, or if you represent a company or other

More information

The Appellate Mandate: What It Is and Why It Matters By Jennifer L. Swize

The Appellate Mandate: What It Is and Why It Matters By Jennifer L. Swize ARTICLES The Appellate Mandate: What It Is and Why It Matters By Jennifer L. Swize Just the other day, a trial team handling post-appeal matters on remand wanted to know the significance of the mandate

More information

Challenging EEOC Conciliation Charges

Challenging EEOC Conciliation Charges Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Challenging EEOC Conciliation Charges Law360, New

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MEMORANDUM

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MEMORANDUM IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IMPERIUM INSURANCE COMPANY f/k/a DELOS INSURANCE COMPANY v. Civil No. CCB-12-1373 ALLIED INSURANCE BROKERS, INC. MEMORANDUM This suit arises

More information

CO-MARKETING AGREEMENT

CO-MARKETING AGREEMENT CO-MARKETING AGREEMENT This CO-MARKETING AGREEMENT ( Agreement ) between [full legal name], a [entity type and state] ( Company1 ) and [full legal name], a Delaware corporation ( Company2 ) is effective

More information

Legal FAQ: Introduction to Patent Litigation

Legal FAQ: Introduction to Patent Litigation Legal FAQ: Introduction to Patent Litigation by charlene m. morrow and dargaye churnet 1. Who enforces a patent? The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent

More information

Case3:12-cv-05980-CRB Document265 Filed07/20/15 Page2 of 12

Case3:12-cv-05980-CRB Document265 Filed07/20/15 Page2 of 12 Case:-cv-00-CRB Document Filed0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 0 IN RE HP SECURITIES LITIGATION, This Document Relates To: All Actions MASTER

More information

: : before this court (the Court Annexed Mediation Program ); and

: : before this court (the Court Annexed Mediation Program ); and UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In re: ADOPTION OF PROCEDURES GOVERNING : MEDIATION OF MATTERS AND THE

More information

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 99,491. KANSAS DEPARTMENT OF REVENUE, Appellant, JILL POWELL, Appellee. SYLLABUS BY THE COURT

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 99,491. KANSAS DEPARTMENT OF REVENUE, Appellant, JILL POWELL, Appellee. SYLLABUS BY THE COURT IN THE SUPREME COURT OF THE STATE OF KANSAS No. 99,491 KANSAS DEPARTMENT OF REVENUE, Appellant, v. JILL POWELL, Appellee. SYLLABUS BY THE COURT 1. Under the Kansas Act for Judicial Review and Civil Enforcement

More information

SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES

SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES Amended and Effective October 1, 2013 SIGNIFICANT CHANGES: 1. Mediation R-9. Mediation: Mediation is increasingly relied upon and is an accepted part of

More information

Determining Jurisdiction for Patent Law Malpractice Cases

Determining Jurisdiction for Patent Law Malpractice Cases Determining Jurisdiction for Patent Law Malpractice Cases This article originally appeared in The Legal Intelligencer on May 1, 2013 As an intellectual property attorney, the federal jurisdiction of patent-related

More information

THE EFFECT OF SETTLEMENT IN KAPLOW S MULTISTAGE ADJUDICATION

THE EFFECT OF SETTLEMENT IN KAPLOW S MULTISTAGE ADJUDICATION THE EFFECT OF SETTLEMENT IN KAPLOW S MULTISTAGE ADJUDICATION Abraham L. Wickelgren Professor Louis Kaplow s article, Multistage Adjudication, presents an extremely useful framework for thinking about how

More information

Website Development Agreement

Website Development Agreement Website Development Agreement This WEB SITE DEVELOPMENT AGREEMENT ("Agreement") is an agreement between India Market Softech Pvt. Ltd. (indiamarkethub.com) and the party set forth in the related order

More information

WHEREAS, Participants desire to participate in ALL the recreational activities available at the Trampoline Park; and

WHEREAS, Participants desire to participate in ALL the recreational activities available at the Trampoline Park; and THIS PARTICIPATION AGREEMENT is made and effective as of the last date executed (hereinafter the "Effective Date") by and between Get Air Savannah (hereinafter "Get Air") and the adult or guardian identified

More information

Resolving IP and Technology Disputes Through WIPO ADR. Getting back to business

Resolving IP and Technology Disputes Through WIPO ADR. Getting back to business Resolving IP and Technology Disputes Through WIPO ADR Getting back to business Intellectual property (IP) is a central component of today s knowledge economy, and its efficient exploitation is of growing

More information

DISCUSSION PAPER 1. TITLE. Criteria for Commutation 2. ISSUE

DISCUSSION PAPER 1. TITLE. Criteria for Commutation 2. ISSUE DISCUSSION PAPER 1. TITLE Criteria for Commutation 2. ISSUE As a result of legislative changes to the Workers Compensation Act ( Act ) relating to permanent partial disability awards and retirement benefits,

More information

Comments of Verizon Communications on the Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters

Comments of Verizon Communications on the Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters Comments of Verizon Communications on the Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters Verizon Communications appreciates the opportunity to submit comments on

More information

Arbitration in Seamen Cases

Arbitration in Seamen Cases Arbitration in Seamen Cases Recently, seamen have been facing mandatory arbitration provisions in their employment agreements which deny them their rights to a jury trial under the Jones Act, and also

More information

Case 2:06-cv-02026-CM Document 114 Filed 03/10/09 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:06-cv-02026-CM Document 114 Filed 03/10/09 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:06-cv-02026-CM Document 114 Filed 03/10/09 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) METROPOLITAN LIFE INSURANCE ) COMPANY, ) ) Plaintiff, ) ) CIVIL ACTION v.

More information

Side-by-side Comparison of the 2014 and 2015 TPA Bills

Side-by-side Comparison of the 2014 and 2015 TPA Bills Side-by-side Comparison of the 2014 and 2015 TPA Bills ***Prepared by Ways and Means Committee Democratic Staff*** A comparison of the Bipartisan Congressional Trade Priorities Act of 2014 (Baucus-Hatch-Camp)

More information

Mr. Thomas Arthur Emory University School of Law, Atlanta, GA Dean. Testimony Mr. Chairman, and Members of the Committee:

Mr. Thomas Arthur Emory University School of Law, Atlanta, GA Dean. Testimony Mr. Chairman, and Members of the Committee: Mr. Thomas Arthur Emory University School of Law, Atlanta, GA Dean Testimony Mr. Chairman, and Members of the Committee: I am pleased to be here today to discuss with you the important constitutional,

More information

Flexible Circuits Inc. Purchase Order Standard Terms and Conditions

Flexible Circuits Inc. Purchase Order Standard Terms and Conditions Flexible Circuits Inc. Purchase Order Standard Terms and Conditions 1. Acceptance- This writing, together with any attachments incorporated herein, constitutes the final, complete, and exclusive contract

More information

IDEAS ANONYMOUS WEBSITE TERMS AND CONDITONS OF USE

IDEAS ANONYMOUS WEBSITE TERMS AND CONDITONS OF USE IDEAS ANONYMOUS WEBSITE TERMS AND CONDITONS OF USE 1 Introduction 1.1 These terms of use explain how you may use this website (the Site ). References in these terms to the Site include the following website

More information

LEGAL UPDATE THIRD PARTY POP-UP ADVERTISEMENTS: U-HAUL INT L, INC. V. WHENU.COM. Andrew J. Sinclair

LEGAL UPDATE THIRD PARTY POP-UP ADVERTISEMENTS: U-HAUL INT L, INC. V. WHENU.COM. Andrew J. Sinclair LEGAL UPDATE THIRD PARTY POP-UP ADVERTISEMENTS: U-HAUL INT L, INC. V. WHENU.COM Andrew J. Sinclair I. INTRODUCTION Pop-up advertising has been an enormous success for internet advertisers 1 and a huge

More information

ii. sold, licensed, transferred or assigned to no other party for a period of thirty (30) days;

ii. sold, licensed, transferred or assigned to no other party for a period of thirty (30) days; Tymax Media Vendor Operating Agreement Tymax Media Vendor Operating Agreement (the "Agreement") is made and entered into by and between Tymax Media ("Tymax Media," us or "we"), and you, ("you" or "Vendor")

More information

Principles in Collision: Labor Union rights v. Employee civil Rights

Principles in Collision: Labor Union rights v. Employee civil Rights Principles in Collision: Labor Union rights v. Employee civil Rights Barry Winograd Arbitrator and mediator in Oakland, California Member of the National Academy of Arbitrators Adjunct faculty of the law

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: PATRICK J. DIETRICK THOMAS D. COLLIGNON MICHAEL B. KNIGHT Collignon & Dietrick, P.C. Indianapolis, Indiana ATTORNEY FOR APPELLEE: JOHN E. PIERCE Plainfield, Indiana

More information

Master Software Purchase Agreement

Master Software Purchase Agreement Master Software Purchase Agreement This Master Software Purchase Agreement ( Agreement ) is entered into as of Wednesday, March 12, 2014 (the Effective Date ) by and between with principal offices at (

More information

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA. Telephone: +1 250 537 2639 Fax: +1 250 357 2639 E-mail: codbqc@saltspring.com

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA. Telephone: +1 250 537 2639 Fax: +1 250 357 2639 E-mail: codbqc@saltspring.com ARBITRATION AND MEDIATION CENTER WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA Cecil O.D. BRANSON, Q.C. 886 Walker s Hook Road Salt Spring Island, BC V8K 1B6 Canada Telephone: +1 250 537 2639 Fax: +1 250 357

More information

The Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas

The Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas The Enforceability of Mediated Settlement Agreements By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas NIGHTMARE ON MEDIATION STREET You mediate a case where the Plaintiff is suing

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MATTHEW PRICHARD, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY; IBM LONG TERM DISABILITY PLAN, Defendants-Appellees.

More information

Blispay Card agreement

Blispay Card agreement Blispay Card agreement 1. Definitions 2. How Blispay Card works 3. Making payments 4. Fees and interest 5. When things go wrong 6. Arbitration Provision 7. Legal 8. Communications and information sharing

More information

you. This warranty gives you specific legal rights, and you may also have other rights that vary from state-to-state.

you. This warranty gives you specific legal rights, and you may also have other rights that vary from state-to-state. User Agreement This User Agreement ("Agreement") is entered into by and between Benefit Communications Inc. ("BCI"), a Tennessee corporation, and you, the user ("you", "your", or "user"), and governs your

More information

purchased and is using the Products including the online classroom ("Customer" or "You") and the individuals accessing the Products ("End Users").

purchased and is using the Products including the online classroom (Customer or You) and the individuals accessing the Products (End Users). End User License Agreement 1. PARTIES This Agreement is by and between KM NETWORK SDN. BHD ( 719624 T), a registered company in Malaysia, Address: 20 1, JALAN 24/70A, DESA SRI HARTAMAS, KUALA LUMPUR, MALAYSIA,

More information

State Aid, Subsidy and Tax Incentives under EU and WTO Law. Claire Micheau. 0 Wolters Kluwer Law & Business

State Aid, Subsidy and Tax Incentives under EU and WTO Law. Claire Micheau. 0 Wolters Kluwer Law & Business State Aid, Subsidy and Tax Incentives under EU and WTO Law Claire Micheau 0 Wolters Kluwer Law & Business Summary of Contents About the Author Table of Contents List of Abbreviations Acknowledgements vii

More information

PLANTTOGETHER REFERRAL PARTNER AGREEMENT. Updated: January 1, 2015

PLANTTOGETHER REFERRAL PARTNER AGREEMENT. Updated: January 1, 2015 PLANTTOGETHER REFERRAL PARTNER AGREEMENT Updated: January 1, 2015 Welcome to PlanetTogether s online referral program (the Referral Program ) provided by PlanetTogether, Inc. a California corporation with

More information

What Trustees Should Know About Florida s New Attorneys Fee Statute. By David P. Hathaway and David J. Akins. Introduction

What Trustees Should Know About Florida s New Attorneys Fee Statute. By David P. Hathaway and David J. Akins. Introduction What Trustees Should Know About Florida s New Attorneys Fee Statute By David P. Hathaway and David J. Akins Introduction More and more lawsuits are filed in Florida alleging that the trustee of a trust

More information

MOST-FAVOURED-NATION TREATMENT PRINCIPLE

MOST-FAVOURED-NATION TREATMENT PRINCIPLE Chapter 1 MOST-FAVOURED-NATION TREATMENT PRINCIPLE OVERVIEW OF RULES Most-Favoured-Nation ( MFN ) treatment requires Members to accord the most favourable tariff and regulatory treatment given to the product

More information

Terms and Conditions

Terms and Conditions Terms and Conditions Agreement between user and www.victorialondons.com Welcome to www.victorialondons.com. The www.victorialondons.com website (the "Site") is comprised of various web pages operated by

More information

Terms of Use. Please read these terms and conditions before using this Site. By continuing to use this Site, you agree to the Terms of Use.

Terms of Use. Please read these terms and conditions before using this Site. By continuing to use this Site, you agree to the Terms of Use. Terms of Use Please read these terms and conditions before using this Site. By continuing to use this Site, you agree to the Terms of Use. 1. INTRODUCTION Welcome to www.flowerbuyer.com (the Site ). Flowerbuyer.com

More information

JPMA - Terms and Conditions

JPMA - Terms and Conditions Agreement to Terms By accessing the JPMA Website and Online Training System, you signify that you agree to these Terms and Conditions. In addition, you will be subject to any posted guidelines, rules,

More information

DISTRIBUTOR AGREEMENT

DISTRIBUTOR AGREEMENT DISTRIBUTOR AGREEMENT This Distributor Agreement (the "Agreement") is entered into as of, 20 ("Effective Date"), by Absoft Corporation ("Absoft"), 2781 Bond Street, Rochester Hills, Michigan 48309, U.S.A.,

More information

Executive Summary of the Texas Uniform Collaborative Law Act

Executive Summary of the Texas Uniform Collaborative Law Act Executive Summary of the Texas Uniform Collaborative Law Act By Lawrence R. Maxwell, Jr. * This paper will provide an introduction to the collaborative dispute resolution process and address the future

More information

MICHIGAN FAMILY LAW ARBITRATION AND MEDIATION CASE LAW UPDATE INTRODUCTION ARBITRATION

MICHIGAN FAMILY LAW ARBITRATION AND MEDIATION CASE LAW UPDATE INTRODUCTION ARBITRATION MICHIGAN FAMILY LAW ARBITRATION AND MEDIATION CASE LAW UPDATE by Lee Hornberger Arbitration and Mediation Office of Lee Hornberger INTRODUCTION This article reviews some Michigan Supreme Court and Court

More information

ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES AGAINST FEDERAL AGENCIES UNDER THE CLEAN AIR ACT

ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES AGAINST FEDERAL AGENCIES UNDER THE CLEAN AIR ACT ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES AGAINST FEDERAL AGENCIES UNDER THE CLEAN AIR ACT The Clean Air Act authorizes the Environmental Protection Agency administratively to assess civil penalties

More information

How Will the CFPB s Proposed Arbitration Clause Ban Impact You?

How Will the CFPB s Proposed Arbitration Clause Ban Impact You? How Will the CFPB s Proposed Arbitration Clause Ban Impact You? February 3, 2016 Moderator: Allyson B. Baker, Esq., Partner, Venable LLP Panelists: John F. Cooney, Esq., Partner, Venable LLP Thomas E.

More information

Terms and Conditions of Use Agreement Last Updated: September 23, 2014

Terms and Conditions of Use Agreement Last Updated: September 23, 2014 Terms and Conditions of Use Agreement Last Updated: September 23, 2014 1. Description of Service, Acceptance of Terms, Modification Welcome to the official website of Giselle Blondet, located at http://www.tengo590yque.com(the

More information

NATIONAL TREATMENT PRINCIPLE

NATIONAL TREATMENT PRINCIPLE Chapter 2 NATIONAL TREATMENT PRINCIPLE 1. OVERVIEW OF RULES National treatment (GATT Article III) stands alongside MFN treatment as one of the central principles of the WTO Agreement. Under the national

More information

Tom Ginsburg, University of Chicago Law School July 30, 2008

Tom Ginsburg, University of Chicago Law School July 30, 2008 COMPARATIVE CONSTITUTIONAL REVIEW Tom Ginsburg, University of Chicago Law School July 30, 2008 Constitutional review is the power to examine statutes and government actions for conformity with the constitution.

More information

Delaware UCCJEA 13 Del. Code 1901 et seq.

Delaware UCCJEA 13 Del. Code 1901 et seq. Delaware UCCJEA 13 Del. Code 1901 et seq. 1901. Short title This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. 1902. Definitions As used in this chapter: (1) "Abandoned"

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 08-1764 Vonage Holdings Corp.; Vonage Network, Inc., Plaintiffs - Appellees, v. Nebraska Public Service Commission; Rod Johnson, in his official

More information

EDRi s. January 2015. European Digital Rights Rue Belliard 20, 1040 Brussels www.edri.org @EDRi tel. +32 (0) 2 274 25 70

EDRi s. January 2015. European Digital Rights Rue Belliard 20, 1040 Brussels www.edri.org @EDRi tel. +32 (0) 2 274 25 70 EDRi s Red lines on TTIP January 2015 European Digital Rights Rue Belliard 20, 1040 Brussels www.edri.org @EDRi tel. +32 (0) 2 274 25 70 ABOUT EDRI European Digital Rights is a network of 34 privacy and

More information

FEDERAL CIRCUIT HOLDS THAT HEIGHTENED PLEADING REQUIREMENTS APPLY TO FALSE MARKING ACTIONS

FEDERAL CIRCUIT HOLDS THAT HEIGHTENED PLEADING REQUIREMENTS APPLY TO FALSE MARKING ACTIONS CLIENT MEMORANDUM FEDERAL CIRCUIT HOLDS THAT HEIGHTENED PLEADING REQUIREMENTS APPLY TO FALSE MARKING ACTIONS In a decision that will likely reduce the number of false marking cases, the Federal Circuit

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Lorrie Logsdon sued her employer, Turbines, Inc.

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Lorrie Logsdon sued her employer, Turbines, Inc. UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT FILED United States Court of Appeals Tenth Circuit October 20, 2010 Elisabeth A. Shumaker Clerk of Court LORRIE LOGSDON, Plaintiff Appellant, v. TURBINES,

More information

In the Technology-Driven, File Sharing Era, Copyright Protection Remains Alive and Well As a Tool to Combat Active Inducements to Infringe

In the Technology-Driven, File Sharing Era, Copyright Protection Remains Alive and Well As a Tool to Combat Active Inducements to Infringe In the Technology-Driven, File Sharing Era, Copyright Protection Remains Alive and Well As a Tool to Combat Active Inducements to Infringe On June 27, 2005, the Supreme Court in Metro-Goldwyn-Mayer Studios

More information

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. EDGE FAMILY CHIROPRACTIC, P.A. a/a/o SHIRLEY C. WISE, FRANC...

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. EDGE FAMILY CHIROPRACTIC, P.A. a/a/o SHIRLEY C. WISE, FRANC... Reprinted with permission from the Florida Law Weekly: [ 35 Fla. L. Weekly D1438a Insurance -- Personal injury protection -- Attorney's fees -- Paralegal fees -- Multiplier -- Circuit court did not depart

More information

Arizona. Note: Current to March 19, 2015

Arizona. Note: Current to March 19, 2015 Note: Current to March 19, 2015 Arizona Unauthorized Practice of Law & Who may practice as an attorney: (NOTE: Arizona does not have an Unauthorized Practice of Law Statute. The Unauthorized Practice of

More information

Highwinds Media Group, Inc. - Terms of Service Wholesale Account

Highwinds Media Group, Inc. - Terms of Service Wholesale Account Highwinds Media Group, Inc. - Terms of Service Wholesale Account IMPORTANT - THIS IS A LEGAL AGREEMENT (THE AGREEMENT ) BETWEEN YOUR COMPANY AND HIGHWINDS MEDIA GROUP, INC. D/B/A WIND TUNNEL AND THUNDERNEWS.NET

More information

KYIV RECOMMENDATIONS ON JUDICIAL INDEPENDENCE IN EASTERN EUROPE, SOUTH CAUCASUS AND CENTRAL ASIA

KYIV RECOMMENDATIONS ON JUDICIAL INDEPENDENCE IN EASTERN EUROPE, SOUTH CAUCASUS AND CENTRAL ASIA OSCE Office for Democratic Institutions and Human Rights Max Planck Minerva Research Group on Judicial Independence KYIV RECOMMENDATIONS ON JUDICIAL INDEPENDENCE IN EASTERN EUROPE, SOUTH CAUCASUS AND CENTRAL

More information

Recent Developments in International Arbitration

Recent Developments in International Arbitration Recent Developments in International Arbitration William H. Knull, III Partner (713) 238 2636 wknull@mayerbrown.com May 2009 Mayer Brown is a global legal services organization comprising legal practices

More information

Supreme Court Decision Affirming Judicial Right to Review EEOC Actions

Supreme Court Decision Affirming Judicial Right to Review EEOC Actions Supreme Court Decision Affirming Judicial Right to Review EEOC Actions The Supreme Court Holds That EEOC s Conciliation Efforts Are Subject to Judicial Review, Albeit Narrow SUMMARY A unanimous Supreme

More information

NEW JERSEY FAMILY COLLABORATIVE LAW ACT. An Act concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes.

NEW JERSEY FAMILY COLLABORATIVE LAW ACT. An Act concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes. NEW JERSEY FAMILY COLLABORATIVE LAW ACT An Act concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of

More information

In re Cuozzo Speed Technologies: Federal Circuit Decides Appeal Jurisdiction and Standard of Review Issues for AIA Reviews

In re Cuozzo Speed Technologies: Federal Circuit Decides Appeal Jurisdiction and Standard of Review Issues for AIA Reviews CLIENT MEMORANDUM In re Cuozzo Speed Technologies: Federal Circuit Decides Appeal Jurisdiction and Standard of Review February 5, 2015 AUTHORS Michael W. Johnson Tara L. Thieme THE FEDERAL CIRCUIT HOLDS

More information

California Solar Initiative (CSI) Program 2007 Reservation Request Form and Program Contract [follows the second page Reservation Request form]

California Solar Initiative (CSI) Program 2007 Reservation Request Form and Program Contract [follows the second page Reservation Request form] California Solar Initiative (CSI) Program 2007 Reservation Request Form and Program Contract [follows the second page Reservation Request form] CSI CONTRACT TERMS AND CONDITIONS This California Solar Initiative

More information

LICENSE AGREEMENT FOR TOBII ANALYTICS SOFTWARE DEVELOPMENT KIT AND API

LICENSE AGREEMENT FOR TOBII ANALYTICS SOFTWARE DEVELOPMENT KIT AND API LICENSE AGREEMENT FOR TOBII ANALYTICS SOFTWARE DEVELOPMENT KIT AND API PREAMBLE This Tobii Analytics Software Development Kit and API License Agreement (the "Agreement") forms a legally binding contract

More information

NPSA GENERAL PROVISIONS

NPSA GENERAL PROVISIONS NPSA GENERAL PROVISIONS 1. Independent Contractor. A. It is understood and agreed that CONTRACTOR (including CONTRACTOR s employees) is an independent contractor and that no relationship of employer-employee

More information

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Federal Circuit United States Court of Appeals for the Federal Circuit UNITED STATES, Plaintiff-Appellant v. NITEK ELECTRONICS, INC., Defendant-Appellee 2015-1166 Appeal from the United States Court of International Trade

More information

Case 1:14-cv-01265-JEB Document 17 Filed 09/23/14 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNOPPOSED MOTION TO DISMISS

Case 1:14-cv-01265-JEB Document 17 Filed 09/23/14 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNOPPOSED MOTION TO DISMISS Case 1:14-cv-01265-JEB Document 17 Filed 09/23/14 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA INGA L. PARSONS, et al., Plaintiffs, Civ. No. 14-1265 (JEB v. UNOPPOSED MOTION TO

More information

END USER USER-SUBJECT-TO- QUALIFICATION SOFTWARE LICENSE AGREEMENT

END USER USER-SUBJECT-TO- QUALIFICATION SOFTWARE LICENSE AGREEMENT END USER USER-SUBJECT-TO- QUALIFICATION SOFTWARE LICENSE AGREEMENT For Access and Use of DRDPtech, software containing Desired Results Developmental Profiles 2010 (DRDP 2010) & DRDP (2015) 2014 Cloud Version

More information

Global Guide to Competition Litigation Poland

Global Guide to Competition Litigation Poland Global Guide to Competition Litigation Poland 2012 Table of Contents Availability of private enforcement in respect of competition law infringements and jurisdiction... 1 Conduct of proceedings and costs...

More information

Assume that the following clause was included in the retainer agreement between SK Firm LLP and the Corporation (the Relieving Clause ):

Assume that the following clause was included in the retainer agreement between SK Firm LLP and the Corporation (the Relieving Clause ): ETHICAL SCENARIO #3 I. FACT PATTERN A Saskatchewan law firm ( SK Firm LLP ) acts on behalf of an out of province (e.g. national) corporation (the Corporation ). SK Firm LLP s role has been solely to file

More information

Element 3D User License Agreement

Element 3D User License Agreement Element 3D User License Agreement Video Copilot User License Agreement for Element 3D Plugin and Related Materials PLEASE READ THIS CONTRACT CAREFULLY. BY USING THE ELEMENT 3D PLUG-IN OR ANY RELATED MATERIALS

More information

Whistleblower Claims: Are You Covered?

Whistleblower Claims: Are You Covered? Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Whistleblower Claims: Are You Covered? Law360, New

More information

Are Employee Drug Tests Going Up in Smoke?

Are Employee Drug Tests Going Up in Smoke? Are Employee Drug Tests Going Up in Smoke? Robert D. Meyers Meghan K. McMahon On January 1, 2014, the nation s first marijuana retail stores opened in Colorado. This landmark event came approximately 14

More information

Case 4:08-cv-00142-MHS-ALM Document 58 Filed 06/30/2009 Page 1 of 9

Case 4:08-cv-00142-MHS-ALM Document 58 Filed 06/30/2009 Page 1 of 9 Case 4:08-cv-00142-MHS-ALM Document 58 Filed 06/30/2009 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION UNITED STATES OF AMERICA v. Case No. 4:08-CV-142

More information

Securities Litigation

Securities Litigation Securities Litigation Alert July 2009 Eleventh Circuit Affirms Bar Order, in Connection with Partial Settlement of Class Action, Extinguishing Non-Settling Former CEO Defendant s Contractual Rights to

More information

SASKATOON CRIMINAL DEFENCE LAWYERS ASSOCIATION. 2011 PROVINCIAL COURT COMMISSION for SASKATCHEWAN

SASKATOON CRIMINAL DEFENCE LAWYERS ASSOCIATION. 2011 PROVINCIAL COURT COMMISSION for SASKATCHEWAN SUBMISSION of the SASKATOON CRIMINAL DEFENCE LAWYERS ASSOCIATION TO THE 2011 PROVINCIAL COURT COMMISSION for SASKATCHEWAN November 15, 2011 Contact Information: Andrew Mason, Co-ordinator Saskatoon Criminal

More information

If you are in full agreement with the document, kindly return the signature page at the end of the documents

If you are in full agreement with the document, kindly return the signature page at the end of the documents Introducing Broker Agreement If you are in full agreement with the document, kindly return the signature page at the end of the documents Brokersclub Limited is a limited liability company registered in

More information

SEC ISSUES PROPOSED RULES FOR WHISTLEBLOWER CLAIMS

SEC ISSUES PROPOSED RULES FOR WHISTLEBLOWER CLAIMS CLIENT MEMORANDUM SEC ISSUES PROPOSED RULES FOR WHISTLEBLOWER CLAIMS On November 3, 2010, the Securities and Exchange Commission proposed new rules governing whistleblower claims under Section 922 of the

More information

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013.

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. TOYOTA ASSOCIATE DISPUTE RESOLUTION ( T-ADR ): Summary Description

More information

Efficient alternative dispute resolution (ADR) for intellectual property disputes

Efficient alternative dispute resolution (ADR) for intellectual property disputes 13.1 Efficient alternative dispute resolution (ADR) for intellectual property disputes More and more rights holders are recognizing the benefits of using private neutral mechanisms that allow parties to

More information

ORDER PO-3499. Appeal PA14-230. Ontario Securities Commission. June 16, 2015

ORDER PO-3499. Appeal PA14-230. Ontario Securities Commission. June 16, 2015 ORDER PO-3499 Appeal PA14-230 Ontario Securities Commission June 16, 2015 Summary: A requester seeks access to the pricing information attached to a contract between a transcription company and the OSC.

More information

Sample Arbitration Clauses with Comments

Sample Arbitration Clauses with Comments Sample Arbitration Clauses with Comments BRIEF DESCRIPTION Arbitrations are creatures of contract. Thus, the parties can shape an arbitration proceeding to a great extent in their arbitration agreements.

More information

Baker Hostetler Global Reach

Baker Hostetler Global Reach Baker Hostetler Global Reach We would like to share with you a few examples of Baker Hostetler s global capabilities which reflect diverse practice areas, geographic regions and industries. Today, our

More information

WWC BOX DESIGN CONTEST TERMS. Last updated: June 1, 2016

WWC BOX DESIGN CONTEST TERMS. Last updated: June 1, 2016 WWC BOX DESIGN CONTEST TERMS Last updated: June 1, 2016 These WWC Box Design Contest Terms (the Terms ) govern the relationship between you (referred to as you, You or Contest Participant ), Ellison Educational

More information