When Congress Says 'Pip Your Kerp': Performance Incentive Plans, Key Employee Retention Plans and, Chapter 11 Bankruptcy Resolution

2009 ◽  
Author(s):  
Vedran Capkun ◽  
Evren Ors
Omega ◽  
2019 ◽  
Vol 84 ◽  
pp. 45-54 ◽  
Author(s):  
Wade D. Cook ◽  
Nuria Ramón ◽  
José L. Ruiz ◽  
Inmaculada Sirvent ◽  
Joe Zhu

Author(s):  
J. Anthony VanDuzer

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.


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