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Limitations on Compensation

Borzu Sabahi

in Compensation and Restitution in Investor-State Arbitration: Principles and Practice

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199601189
eISBN:
9780191729201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601189.003.0007
Subject:
Law, Public International Law, Company and Commercial Law

This chapter discusses various principles that may limit the amount of compensation that an investor may recover. Causation is examined, focusing particularly on legal causation. The effects of the ... More


Miscellaneous Issues

GEORGE H. ALDRICH

in The Jurisprudence of the Iran-United States Claims Tribunal

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198258056
eISBN:
9780191681776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258056.003.0013
Subject:
Law, Public International Law, Philosophy of Law

This chapter reviews the Decisions by the Iran–United States Claims Tribunal on certain issues. One result of the Iranian Revolution was the abrupt and massive departure from Iran of foreign ... More


Jurisdictional Issues

GEORGE H. ALDRICH

in The Jurisprudence of the Iran-United States Claims Tribunal

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198258056
eISBN:
9780191681776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258056.003.0002
Subject:
Law, Public International Law, Philosophy of Law

Every tribunal has some limits to its jurisdiction, and international tribunals frequently have more limited grants of jurisdiction than domestic tribunals. Thus, it should not be surprising that the ... More


The Scope of the Arbitration Agreement: Claims and Counterclaims of a National and/or International Nature

Hege Elisabeth Kjos

in Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656950
eISBN:
9780191746291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656950.003.0004
Subject:
Law, Public International Law

This chapter examines the impact of the arbitration agreement on the decision of tribunals to apply national or international law to the merits of the dispute. It demonstrates that arbitration ... More


Closure of the written procedure

Clemens Plassmann and Steffen Steininger

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0226
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 35 stipulates for the judge rapporteur the final steps to be taken in the written procedure. The parties must be informed of the closure of the written procedure so that they know how to ... More


Rule 53: Fee for the Counterclaim for infringement

Clemens Plassmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0245
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 53 defines, for the infringement counterclaim, the obligation stated in Art 70 UPCA for the parties to pay Court fees. It does so in obliging the defendant and claimant of the infringement ... More


Rule 60: Value-based fee for the dispute including the Counterclaim for infringement

Clemens Plassmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0251
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 60 defines the procedure for determining the case value of the case consisting of a revocation claim and an infringement counterclaim and provides that the defendant must pay a value-based fee ... More


Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply

Clemens Plassmann and Stephan Dorn

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0223
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 32 relates to the Defence to the Application to amend the patent (→ Rule 30 UPCARoP) and to the following written proceedings. The Defence to the Application to amend the patent must be lodged ... More


Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement

Markus Kuczera

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0229
Subject:
Law, Intellectual Property, IT, and Media Law

The Counterclaim for revocation is assigned to a panel of the central division. It can be inferred from the reference to Rule 17.3, and from there to Rule 345.3, that such assignment is made by the ... More


Effects of an appeal

Peter Tochtermann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0123
Subject:
Law, Intellectual Property, IT, and Media Law

An appeal shall not have suspensive effect unless the Court of Appeal decides otherwise at motivated request of one of the parties. The Rules of Procedure shall guarantee that such a decision is ... More


Introductory Note: The International Tribunal for the Law of the Sea in 2012

Tullio Treves

in The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199388660
eISBN:
9780190271886
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199388660.003.0013
Subject:
Law, Public International Law

In 2012 the International Tribunal for the Law of the Sea took decisions in three cases. The most important was the Judgment on the Bay of Bengal case between Bangladesh and Myanmar, the first ... More


Court fees

Winfried Tilmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0529
Subject:
Law, Intellectual Property, IT, and Media Law

The attached proposal on Court Fees and recoverable costs provides a delicate balance of Member States’ views, comments made in responses to the consultation over the summer and recommendations ... More


Stages of the proceedings (inter partes proceedings)

Winfried Tilmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0200
Subject:
Law, Intellectual Property, IT, and Media Law

Pursuant to Art 52(1) UPCA, proceedings before the Court consist of a written, an interim, and an oral procedure, in accordance with the Rules of Procedure. All procedures are organized in a ... More


Counterclaim for revocation

Clemens Plassmann and Steffen Steininger

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0216
Subject:
Law, Intellectual Property, IT, and Media Law

Para 1 sets out detailed requirements for what a Counterclaim for revocation needs to contain. The defendant’s right to lodge a Counterclaim for revocation of the patent in the infringement ... More


Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply

Clemens Plassmann and Steffen Steininger

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0220
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 29 contains a systematic overview of the parties’ possible responses starting from the Reply. It defines time periods for several written pleadings in the infringement action. Whereas the ... More


Rule 75: Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement)

Andreas von Falck and Stephan Dorn

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0268
Subject:
Law, Intellectual Property, IT, and Media Law

If the intention of the opponent of the patent proprietor is only to defend himself against an infringement action, he will wait until the patent proprietor asserts that patent against him. Even if ... More


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