The Existence of a “Dispute” and the Prima Facie Test for a Tribunal to Have Jurisdiction

Achmea B.V. v. The Slovak Republic, UNCITRAL, PCA Case No. 2008-13, Award on Jurisdiction, Arbitrability and Suspension, 26 October 2010

Authors： Takashi Koyama
Magazine/Book：JCA Journal, Vol. 62, No. 4
Publisher：The Japan Commercial Arbitration Association (JCAA)
Practice： Europe International Arbitration International Dispute Resolution
Date of publication： April, 2015

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Foreign Filling Restrictions of Major Countries －Mechanisms to Restrict Foreign Filing of Sensitive Inventions－
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Thematic-based: Legal Practice in the Healthcare Business
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A study of the secret patent systems of various countries, and the introduction of the same system in Japan (No.2)(end)
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A study of the secret patent systems of various countries, and the introduction of the same system in Japan (No.1)
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A Detailed Explanation of Economic Partnership Agreements
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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
2015.03.01
Handbook on Joint Research and Development Agreement
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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
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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.
2011.08.01
Dictionary of Contract Terms
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Intellectual Property Commitments in Japan's Economic Partnership Agreements (EPAs)
2010.01.01
Negotiations regarding Intellectual Property in Economic Partnership Agreements (EPAs), [1] - [9]
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Commentary on FTA/EPA Negotiations

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Response to Human Rights and Environmental Due Diligence required with the Implementation of CSDDD　
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[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.9] Climate Change and Corporate Litigation Risk
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[Case Comment] English Contract Law: Recent Notable Supreme Court Cases (7) (Chuo Law Journal, Vol. XVIII, No.4)
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[Case Comment] English Contract Law: Recent Notable Supreme Court Cases (4) (Chuo Law Journal, Vol. XVIII, No.1)
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Patent Enforcement Practices Before, During and After Patent Litigation Proceedings in Japan – A Comparative Analysis with Germany and the United States –
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It is not Too Late to Learn: Cookie Compliance
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Protection of Geographical Indications under the TPP and Japan-EU Economic Partnership Agreement (EPA)
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Corporate Governance and Internal Investigations in Europe (3) – Protection of Whistleblowers
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[Case Comment] English Contract Law: Recent Notable Supreme Court Cases (1) (Chuo Law Journal, Vol. XVII, No.2)
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【Series】 Key Principles and Practice in English Contract Law - Article (17) Vitiating Factors/Factors Tending to Defeat Contractual Liability [JCA Journal, May 2019 Issue]
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【Series】 Key Principles and Practice in English Contract Law - Article (16) Vitiating Factors/Factors Tending to Defeat Contractual Liability [JCA Journal, April 2019 Issue]
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【Series】 Key Principles and Practice in English Contract Law - Article (13) Problems after Concluding a Contract [JCA Journal, January 2019 Issue]
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The Existence of a “Dispute” and the Prima Facie Test for a Tribunal to Have Jurisdiction
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