Manufacturing

ITN  |  Tuesday October 30th, 2012

Awards and Decisions

Majority declines jurisdiction in claim against Argentina over domestic litigation requirement Daimler Financial Services AG v. Argentine Republic, ICSID Case No. ARB/05/1 Damon Vis-Dunbar A claim against Argentina by a subsidiary of the German automotive firm Daimler A.G. has failed on its merits because the claimant did not first bring the dispute to court in […]

ITN  |  Wednesday March 10th, 2010

A merits hearing takes place in protracted NAFTA dispute over US tobacco settlements

By Elizabeth Whitsitt March 11, 2010 (NOTE: two corrections have been made to this article.  See explanations below.) A three-member tribunal, composed of Mr. Fali S. Nariman, Professor S. James Anaya, and Mr. John R. Crook, has heard arguments on the merits of the dispute between Grand River Enterprises Six Nations, Ltd., et al. and the […]

ITN  |  Monday September 28th, 2009

Oral hearings held in NAFTA arbitration over Canadian pesticide ban

By Fernando Cabrera Diaz 2 October 2009 Chemtura Corporation’s dispute with Canada over the phase-out of the agro-chemical Lindane headed to oral hearings in September after 8 years of legal wrangling. Chemtura, a U.S.-based chemical manufacturer, claims that Canada violated Chapter 11 of the North American Free Trade Agreement (NAFTA) when it banned Lindane in […]

ITN  |  Monday May 11th, 2009

Tribunal rechaza Alegato de Contramedidas en laudo recientemente publicado en el caso Corn Products International Inc. c. Los Estados Unidos Mexicanos

Por Elizabeth Whitsitt 28 de Abril, 2009 En un laudo del CIADI recientemente publicado, un tribunal declaró culpable a México por violar el Capítulo 11 del TLCAN ante la empresa americana, Corn Products International Inc. (CPI) y su subsidiaria mexicana de su total posesión. Si bien la decisión del 15 de enero de 2008 no […]

ITN  |  Monday May 11th, 2009

¿Derribando el TLCAN?

Por Howard Mann, Asesor Senior en Derecho Internacional del Instituto Internacional de Desarrollo Sostenible 2 de Mayo 2009 El 31 de marzo de 2009 Dow AgroSciences LLC, subsidiaria de la Empresa Química Dow de EUA, inició un arbitraje bajo el Capítulo 11 del TLCAN contra Canadá debido a la prohibición de productos químicos del césped […]

ITN  |  Sunday May 3rd, 2009

DOWning NAFTA?

By Howard Mann, Senior International Legal Advisor to the International Institute for Sustainable Development 2 May 2009 On 31 March 2009 Dow AgroSciences LLC, a subsidiary of the U.S. Dow Chemical Company, initiated its NAFTA Chapter 11 arbitration against Canada due to the banning of cosmetic lawn chemicals in the province of Quebec. This is […]

ITN  |  Tuesday April 28th, 2009

Tribunal rejects the Defense of Countermeasures in recently published Corn Products International Inc. v. The United Mexican States award

By Elizabeth Whitsitt 28 April 2009 In a recently published ICSID award, a tribunal found Mexico liable to an American company, Corn Products International Inc. (CPI) and its wholly-owned Mexican subsidiary, Corn Products Ingredientes (CPIng) for violating NAFTA Chapter 11.  While the 15 January 2008 decision does not address the extent of Mexico’s liabilities, it […]

ITN  |  Monday April 20th, 2009

Tribunal disqualifies "abusive" claim by Phoenix Action against the Czech Republic

By Damon Vis-Dunbar 20 April 2009 A three-member tribunal has disqualified a claim by the Israeli-based Phoenix Action LTD, concluding that its purchase of two Czech companies was solely a pretext for exploiting the Israel-Czech Republic bilateral investment treaty. The jurisdictional award rendered on 15 April 2009 charges Phoenix Action with “an abuse of the […]

ITN  |  Friday February 27th, 2009

Canadian First Nations Chief intervenes in NAFTA Chapter 11 tobacco dispute

By Damon Vis-Dunbar 27 February 2009 The head of the Canadian Assembly of First Nations Peoples has voiced his support for a group of Canadian investors in a tobacco company who are suing the U.S. government for alleged violations of NAFTA Chapter 11. As ITN reported in January, the claimants – the tobacco company Grand […]

ITN  |  Thursday January 29th, 2009

Parties file memorials in long-running NAFTA dispute over U.S. tobacco settlements; Canada intervenes with opinion on customary international law related to aboriginal rights

By Fernando Cabrera and Damon Vis-Dunbar 29 January 2009 The Canadian tobacco manufacturer Grand River Enterprises Six Nations and the United State have filed memorials in a long-running NAFTA Chapter 11 dispute.  The arbitration proceedings, which began in April of 2004, have been delayed several times due to challenges to jurisdiction and to one of […]

ITN  |  Thursday January 15th, 2009

Canadian pharmaceutical company alleges denial of justice in claim against the United States

By Damon Vis-Dunbar 15 January 2009 A Canadian pharmaceutical company delivered a notice of arbitration to the United States government in December 2008 under NAFTA’s Chapter 11 on investment. The US$8 million claim is rooted in the complicated legislation that governs how generic medications can be introduced to the U.S. market. Apotex Inc., which claims […]

ITN  |  Thursday October 23rd, 2008

Chemical company warns Canada of a potential lawsuit over pesticide ban

By Damon Vis-Dunbar 23 October 2008 One of the world’s largest chemical manufacturers may sue the Canadian government over the ban of a lawn pesticide in the Province of Quebec. The Canadian government revealed on 21 October that, some two months earlier, it was served with a “Notice of Intent” by Dow AgroSciences LLC, a […]