Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

1998 ◽  
Vol 35 ◽  
pp. 263-290
Author(s):  
J. Anthony VanDuzer
Keyword(s):  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Minimum Standards ◽  
The North ◽  
State Behaviour ◽  
Nafta Chapter 11 ◽  
To Come ◽  
The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

Ch.11 Plurality of obligors and of obligees, Introduction to Chapter 11 of the PICC

2015 ◽  
Author(s):  
Meier Sonja
Keyword(s):  
Performance Art ◽  
Legal Issues ◽  
Contractual Obligation ◽  
The Right

Chapter 11 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with the plurality of obligors and obligees. It addresses those legal issues arising from the fact that performance of a contractual obligation is owed by more than one obligor and/or owed to more than one obligee. In principle, the chapter does not deal with questions of plurality of parties to a contract as such. One example is the question of whether the right of termination for fundamental non-performance (Art 7.3.1) may be exercised by just one out of several buyers, and the consequences this might entail. However, the question of whether one of the obligors or obligees may exercise a right of avoidance according to Section 3.2 of the PICC, and what the consequences of such avoidance might be, is discussed.

The US Chapter 11 Plan Procedure

2019 ◽  
pp. 114-160
Author(s):  
Nicolaes Tollenaar
Keyword(s):  
Best Interests ◽  
Priority Rule ◽  
Absolute Priority ◽  
The Us ◽  
Key Features ◽  
The Absolute ◽  
Feasibility Test ◽  
The Right

The chapter begins with an outline of the US Chapter 11 plan procedure. It briefly discusses the proposals of the American Bankruptcy Institute (ABI) for reform of Chapter 11. It then discusses the key features of the US Chapter 11 plan procedure, including the right to propose a plan, the permitted content of the plan, the voting in classes, and the criteria for confirmation and cramdown. Finally, it looks at criticisms of the US system, which include the costs and extent of judicial involvement, the duration of the automatic say, the exclusivity period, the best interests and feasibility test, the wording of the absolute priority rule, and the intrusiveness of the cramdown powers under US law.

Building Stand-alone Applications

2011 ◽  
Author(s):  
V. J Manzo
Keyword(s):  
Presentation Mode ◽  
The Other ◽  
Type C ◽  
The Right ◽  
Lead Sheet

In this chapter, we will analyze a “Chord Namer” application that allows a user to enter a chord name and see the notes on a MIDI keyboard. Unlike the other patches we’ve worked on thus far, we will “build” this patch as a stand-alone program that can be used on any computer even if it does not have Max installed. Stand-alone programs are a great way of distributing your work to people for educational or commercial purposes. Open the file chord_namer.maxpat from the Chapter 11 Examples folder. This patch allows users to type in the name of a chord (C, for example) and see the chord displayed on a large kslider. Users can then play the chord on their MIDI keyboard while looking at the visual example. The letter name of each note appears on each chord tone when it is highlighted. For taller chords, a user may enable more chord tones to be added than simply just a root, third, and fifth. For example, a user wanting to play a Cdom7#9 chord could simply enable 7ths and 9ths to be displayed by checking the appropriate toggles, typing Cdom7#9 into the space provided, and pressing the return or enter key. 1. Type C into the text box at the top left and press the return or enter key 2. Play a C chord on your MIDI keyboard This patch could be useful for helping people perform a piece for which they have only a lead sheet with chord names. Let’s take a look inside the patch. The patch is currently in Presentation mode. Unlock the patch and put it into Patching mode. The patch is rather large in size so you may need to zoom out on the patch (⌘for Mac or ctrl for Windows ). Now that the patch is open, you may be surprised to see that there is only a small number of objects inside. Take note of the 3 bpatchers in the patch that generate chords, handle MIDI output, and, to the right, above the kslider, handle MIDI input.

Sign in / Sign up

Export Citation Format

Share Document