Workers’ compensation defense firm Reinisch Wilson Weier is holding a one-day educational seminar in November that will cover case law affecting the Washington state workers’ compensation system, the independent medical…

The subject matter of this course will cover all pertinent case law for litigation and legal practice in 2017. Instructors will examine the most important pieces of case law, presented…

This program focuses on the updates surrounding the AMA Guides, rating and apportionment. Instructors will inspect examples from relevant recent case law and will include practice tips as illustrated by…

This program explores the updates to litigation and case law for 2018. The panel of judges will help support the student's development of understanding common mistakes in strict rating, case…

This program consisting of two WCAB Judges will provide all attorneys, both applicant and defense, underutilized strategies to implement in their everyday law practice. Vital case law from 2018 will…

Learn about significant new case law in 2019, including a stimulating analysis of what you need to know and how to apply them in your workers' compensation practice. …

In this webinar, you will get an insider’s look at the AMA Guides by noted AMA author Kenneth Kingdon, which will provide perspective and understanding of ambiguous and controversial Guides…

It has been two years since WorkCompCentral's last Case Law Update or an update on the WCAB rules and regulations. Join us for a half-day webinar focused on Case Law…

Our Dream Team presents case law like no other workers’ compensation organization by describing the case and the potential effect the case has on the practice of workers’ compensation law…

Supreme Court overturned HC’s decision of convicting the men on the grounds that the HC had erred in accepting the argument of “passive submission” as there was no fear or apparent threat. Supreme Court further added that since “no marks of injury” were found on Mathura’s body there was “no resistance” on her part and since she did not “raise an alarm” for help she “consented to sex.”The Apex Court acquitted both the accused stating that this alleged intercourse was a “peaceful affair”.

An analysis of SC judgments in Veluswamy case [AIR 2011 SC 479] and IndraSarma case [AIR 2014 SC 309] reveals that not all live-in relationships are to be deemed as a “relationship in the nature of marriage” u/s 2(f) of the DV Act. The wider interpretation of the term is aimed at welfare of unmarried women in live-in relationships who are left estranged or abused; but not at promoting adulterous relationships. The benefits provided under the Act are to be interpreted harmoniously, not violating penal provisions of adultery. Since, the applicant admitted the existence of her first marriage, negating the possibility of a legal marriage between the two contesting parties, revision was dismissed stating no “domestic relationship” subsists between them.

Although the main body of Section 2(q) expressly states that a respondent is an “adult male person”, the proviso widens the scope of proceedings by stating that an aggrieved wife or female living in a relationship in the nature of marriage can file a complaint against a relative of her husband/male partner. This rescinds the argument that the legislative intent was to exclude females. The Appeal was allowed with a direction to the Trial Courts to consider R2 and R3 as respondents in the proceedings.

MLS (Overseas) Limited v The Secretary of State for Defence [2017] EWHC 3389 (TCC) Summary In a recent judgment following a challenge to a competitive procurement process run by the Ministry of Defence (“MoD”) (MLS (Overseas) Limited v T...

Hunter Biden's lawyer, who was representing him in his case against baby mama Lunden Roberts, abruptly quit on Monday, DailyMail.com can exclusively reveal.

Published: October 2013

Since the entry into force of the North American Free Trade Agreement (NAFTA) in 1994, several arbitral tribunals have rendered awards dealing with claims of breach of Article 1105. Some of these awards have been very controversial and have had a tremendous impact on the development of the concept of fair and equitable treatment (FET) and the evolution of international investment law. Yet, in spite of the fundamental importance of these awards, no comprehensive study had been undertaken to determine the meaning and the content of the FET standard under NAFTA Article 1105.

This book’s systematic analysis of the provision and its case law fills this analytical gap. Because Article 1105 is in many ways different from typical FET clauses contained within most investment treaties, the author examines the particular parameters under which it must be interpreted. He also analyzes how these specific features have influenced NAFTA tribunals’ interpretation of the provision, and how their assessments differ from awards rendered by other tribunals outside NAFTA.

Among the issues treated in the course of the analysis are the following:

• The origin, development, nature and content of the concept of the ‘minimum standard of treatment’ and its interaction with the FET standard
• The specific parameters under which Article 1105 must be interpreted, including contextual elements such as subsequent agreement and practice between the NAFTA Parties on matters of interpretation
• The context in which the Free Trade Commission issued its Note of Interpretation in 2001 and how NAFTA tribunals have applied it
• Whether or not the concepts of legitimate expectations, transparency, arbitrary conduct, discriminatory conduct, good faith, denial of justice, and due process have been considered by NAFTA tribunals as specific elements of protection to be accorded to investors under Article 1105
• The many facets of these elements and the threshold of severity that NAFTA tribunals have required for finding a breach of Article 1105
• The interaction between Article 1105 and other NAFTA provisions on national treatment, Most-Favored-Nation treatment, and expropriation
• How NAFTA tribunals have assessed damages for breach of Article 1105

This comprehensive guide to NAFTA case law on Article 1105 is an important contribution to the on-going controversial debate about the scope and content of the FET standard under international law. It will be of great interest to counsel for investors and States as well as to arbitrators, academics and anyone interested in investor-State arbitration.

If you would like more details about this product, or would like to order a copy online, please click here.