Calvo Clause

• Calvo Clause

A provision in an agreement between a private individual and a foreign state that says, in effect, that "aliens are not entitled ...

• West's Encyclopedia of American Law
• Be

• Disputes Arising Out of Foreign Direct Investment in Latin America: A New Look at the Calvo Doctrine and Other Jurisdictional Issues

A well-known international arbitrator comments on the potential effect of economic conditions in Latin America on the now-disfavored Calvo doctrine, which limits the rights of foreign investors to resort to international arbitration for investor-State disputes. The author also discusses how investors have fared when there are conflicts between BITs and investor. State contracts that affect the investor's right to arbitrate. Latin American jurisdictions traditionally embraced a doctrine, named after the Argentinean diplomat and legal scholar Carlos Calvo, that limited foreign interference in Latin American affairs. This doctrine placed foreigners on an equal-and no more than equal-footing with Latin American nationals by providing that foreigners could seek redress for grievances only be...

...The Calvo doctrine gave rise to the Calvo clause, which precluded arbitration and instead required ...

• Dispute Resolution Journal
• Vol. 59 Nbr. 2, May 2004

• Legal Obligations of Mexican Companies - Or How to Avoid Common Pitfalls.

...The charter must contain a clause to the effect that foreign shareholders of the Mex... any dispute regarding the Mexican company ("Calvo Clause"). A public notary who will register the co...

• Mondaq Business Briefing
• Nbr. 2007, January 2007

• NAFTA Chapter 11 dispute resolution and Mexico: a healthy mix of international law, economics and politics.

North American Free Trade Agreement

... this policy in what is known as the "Calvo Clause." (77) In the mid-nineteenth century, the A...

• Denver Journal of International Law and Policy
• Vol. 32 Nbr. 3, June 2004

• United States of America, Plaintiff-Appellee, v. Juan Baptista-Rodriguez, Ramon Calvo, and Julio R. Diaz, Defendants-Appellants., 17 F.3d 1354 (11th Cir. 1994)

... facie claim under the Double Jeopardy Clause. If not, then the appellants were not entitled to ...

• Federal Circuits

• Calvo v. De Gutierrez, 208 U.S. 443 (1908)

...The second clause provided for the deduction from the proceeds of sa...

• U.S. Supreme Court

• Durer's Melencolia I: Plato's abandoned search for the beautiful.

...If we recall that last exasperated clause, ".. I cannot make you hear what I say any more th.... 108. Andrea Alciato to Francesco Calvo, "9 Dec 1522," in Miedema (as in n. 104), 236: ".....

• The Art Bulletin
• Vol. 86 Nbr. 2, June 2004

• International Loans To Venezuela And Issues Of Debt Securities.

... Constitution sets forth the famous "Calvo Clause", under which "public interest" contracts s...

• Mondaq Business Briefing
• Nbr. 2004, May 2004

• Investment law, dispute resolution, and the development promise: back to the future.

... such topics as the function of umbrella clauses, (19) the meaning of fair and equitable treatment,...Another has been an attempt to revive the Calvo Doctrine in new raiment. Its vehicle is not a form...

• Proceedings of the Annual Meeting-American Society of International Law
• Nbr. 101, January 2007

• Investor-state dispute settlement between developed countries: reflections on the Australia-United States Free Trade Agreement.

... the use of force to recover debts) and the Calvo Doctrine (maintaining that States owed aliens no d...See generally DONALD R. SHEA, THE CALVO CLAUSE (1955); Amos S. Hershey, The Calvo and Drago Doctr...

• Vanderbilt Journal of Transnational Law
• Vol. 39 Nbr. 1, January 2006