The investment treaty arbitration decision finding that (i) the change of tax scheme after the investments and demands to hire a given level of nationals did not constitute a breach of the Fair and Equitable Treatment (FET) obligations and that (ii) a breach of contract by the central bank constituted a breach of the ‘expanded’ FET obligations imported through the MFN clause.

Sergei Paushok, CJSC Golden East Company and CJSC Vostokneftegaz Company v. Mongolia, UNCITRAL (Russia/Mongolia), Award on Jurisdiction and Liability, April 28, 2011

Authors: Takashi Koyama
Magazine/Book:JCA Journal, Vol. 58, No. 12
Publisher:The Japan Commercial Arbitration Association (JCAA)
Practice: International Arbitration International Dispute Resolution Asia/Emerging Countries Desk
Date of publication: December, 2011

Other publications by Takashi Koyama

2024.04.10
Foreign Filling Restrictions of Major Countries -Mechanisms to Restrict Foreign Filing of Sensitive Inventions-
2024.01.17
The Legal 500 Country Comparative Guides - Japan Investing In
2023.11.20
Inventions Made Across Boarders and the Attachment Foreign Filling Restrictions: Conflicts in the Restrictions and How They Are Handled
2023.08.25
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.5] Security and Business: Conflict of Nations and Regulation of Certain Companies
2023.08.24
Thematic-based: Legal Practice in the Healthcare Business
2022.03.11
A study of the secret patent systems of various countries, and the introduction of the same system in Japan (No.2)(end)
2022.02.14
A study of the secret patent systems of various countries, and the introduction of the same system in Japan (No.1)
2021.12.01
A Detailed Explanation of Economic Partnership Agreements
2021.10.01
Obligation to Conclude Multilateral Treaties in the Field of Intellectual Property through FTA/EPA - Efforts to Strengthen Protection of Rights and to Achieve International Harmonization of Systems -
2021.03.31
Protection of Geographical Indications under the TPP and Japan-EU Economic Partnership Agreement (EPA)
2021.03.26
Selected Intellectual Property Issues under the TPP and Japan-EU EPA
2020.01.01
Dictionary of Contract Terms (Revised Edition)
2019.01.01
Business and IP commitments in Economic Partnership Agreements (EPAs)
2017.05.01
JAPAN Section/Protection and Disclosure of Trade Secrets and Know-How
2015.04.01
The Existence of a “Dispute” and the Prima Facie Test for a Tribunal to Have Jurisdiction
2015.03.01
Handbook on Joint Research and Development Agreement
2015.02.01
Reading of U.S. Supreme Court Cases: Commentary on Intellectual Property and Business Cases in the 21st Century
2014.05.01
Document Production Procedure and the Scope of Privilege in Investment Treaty Arbitration
2012.12.01
Indirect Expropriation, Fair and Equitable Treatment Obligations, and Valuation Standards and Methods of Damages under CAFTA
2011.08.01
Dictionary of Contract Terms
2010.09.01
Intellectual Property Commitments in Japan's Economic Partnership Agreements (EPAs)
2010.01.01
Negotiations regarding Intellectual Property in Economic Partnership Agreements (EPAs), [1] - [9]
2007.05.01
Commentary on FTA/EPA Negotiations

MORE

Other publications about International Dispute Resolution

2023.09.25
Scope, Amount and Sharing of Arbitration Expenses and Court Costs in Japan
2022.03.04
The Court of Arbitration for Sport (CAS) Case Reports at Beijing 2022 Winter Olympic Games – Topics ranging from a Summary of CAS Olympic Arbitrations to Ms. Valieva’s Case
2021.09.14
Arbitration Clauses under Revised JCAA Arbitration Rules
2021.06.11
DELOS Guide to Arbitration Places (GAP) - Japan Chapter
2020.01.21
DELOS Guide to Arbitration Places (GAP) - Japan Chapter
2019.12.20
International Legal Practice
2019.02.15
Q&Aon the Amendments to the Personal Status Litigation Act, the Domestic RelationsCase Procedure Act and other laws - for the Development of the Legal Systemconcerning Jurisdiction over Cross-border Litigation
2019.01.01
Business and IP commitments in Economic Partnership Agreements (EPAs)
2018.10.26
The New DIS Arbitration Rules 2018: Germany's Offer of an Attractive Arbitration Alternative for Asian Parties
2018.06.15
[Series] Practice of ICC Arbitration [2] (Journal of the Japanese Institute of International Business Law (Vol. 46, No. 6, 2018))
2018.05.15
[Series] Practice of ICC Arbitration (Journal of the Japanese Institute of International Business Law (Vol. 46, No. 5, 2018))
2018.04.24
Case Study on Court Judgment in China Regarding Recognition and Enforcement of Foreign Arbitral Award (14)
2017.07.10
Office 40s: Business Legal Affairs: Theory and Practice regarding Civil and Commercial Laws in China [113]
2017.04.01
[Series] Cutting-Edge Issues of International Business Law Studies (56): 2017 Revisions to ICC Arbitration Rules and their Implications
2015.04.01
The Existence of a “Dispute” and the Prima Facie Test for a Tribunal to Have Jurisdiction
2014.05.01
Document Production Procedure and the Scope of Privilege in Investment Treaty Arbitration
2012.12.01
Indirect Expropriation, Fair and Equitable Treatment Obligations, and Valuation Standards and Methods of Damages under CAFTA
2011.12.01
The investment treaty arbitration decision finding that (i) the change of tax scheme after the investments and demands to hire a given level of nationals did not constitute a breach of the Fair and Equitable Treatment (FET) obligations and that (ii) a breach of contract by the central bank constituted a breach of the ‘expanded’ FET obligations imported through the MFN clause.

MORE

Other publications about Asia/Emerging Countries Desk

MORE

Other publications about International Arbitration

2024.01.12
Sports Arbitration Costs and Legal Aid
2023.12.22
Recent Amendments to the Arbitration Act and the New Mediation Law concerning the Enforcement of International Mediation - Part II
2023.10.02
Revision of the Arbitration Act and Signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation
2023.09.25
Scope, Amount and Sharing of Arbitration Expenses and Court Costs in Japan
2022.05.10
Arbitration Case of the Court of Arbitration for Sport (CAS): Whether to Grant Provisional Measures for Russia’s Participation in the Qualifying Round of the Football World Cup - FUR v. FIFA etc.
2021.09.14
Arbitration Clauses under Revised JCAA Arbitration Rules
2021.06.11
DELOS Guide to Arbitration Places (GAP) - Japan Chapter
2020.09.30
New Arbitration Rules Based on the Civil Law Tradition ―The 2018 DIS Arbitration Rules, the Prague Rules, and the JCAA Interactive Arbitration Rules
2020.01.21
DELOS Guide to Arbitration Places (GAP) - Japan Chapter
2019.12.20
International Legal Practice
2019.02.15
Q&Aon the Amendments to the Personal Status Litigation Act, the Domestic RelationsCase Procedure Act and other laws - for the Development of the Legal Systemconcerning Jurisdiction over Cross-border Litigation
2019.01.01
Business and IP commitments in Economic Partnership Agreements (EPAs)
2018.10.26
The New DIS Arbitration Rules 2018: Germany's Offer of an Attractive Arbitration Alternative for Asian Parties
2018.06.15
[Series] Practice of ICC Arbitration [2] (Journal of the Japanese Institute of International Business Law (Vol. 46, No. 6, 2018))
2018.05.15
[Series] Practice of ICC Arbitration (Journal of the Japanese Institute of International Business Law (Vol. 46, No. 5, 2018))
2018.04.24
Case Study on Court Judgment in China Regarding Recognition and Enforcement of Foreign Arbitral Award (14)
2017.07.10
Office 40s: Business Legal Affairs: Theory and Practice regarding Civil and Commercial Laws in China [113]
2015.04.01
The Existence of a “Dispute” and the Prima Facie Test for a Tribunal to Have Jurisdiction
2014.05.01
Document Production Procedure and the Scope of Privilege in Investment Treaty Arbitration
2012.12.01
Indirect Expropriation, Fair and Equitable Treatment Obligations, and Valuation Standards and Methods of Damages under CAFTA
2011.12.01
The investment treaty arbitration decision finding that (i) the change of tax scheme after the investments and demands to hire a given level of nationals did not constitute a breach of the Fair and Equitable Treatment (FET) obligations and that (ii) a breach of contract by the central bank constituted a breach of the ‘expanded’ FET obligations imported through the MFN clause.

MORE

Contact us

ページTOPへ