NAFTA

ITN  |  Monday June 12th, 2017

News in Brief

TPP-11 to move forward; United States to focus on bilateral negotiations and NAFTA

Ecuador denounces its remaining 16 BITs and publishes CAITISA audit report

ECJ rules that European Union–Singapore FTA requires ratification by EU member states

EU General Court annuls Commission decision that refused registration of “Stop TTIP”

India opposes “trade and investment facilitation” item in WTO General Council agenda

News  |  Monday March 13th, 2017

Trump pulls United States out of TPP; intends to pursue bilateral agreements

On January 23, 2017, fulfilling a campaign pledge, U.S. President Donald Trump formally withdrew the United States from the Trans-Pacific Partnership (TPP), signed in February 2016. The Trump administration indicated that it would pursue bilateral agreements instead. In his campaign, the U.S. President also promised to renegotiate the North American Free Trade Agreement (NAFTA) with Canada and Mexico. In a meeting […]

ITN  |  Monday March 13th, 2017

Awards and Decisions

ICSID tribunal dismisses claims brought against Indonesia based on forged mining licences Churchill Mining PLC and Planet Mining Pty Ltd v. Republic of Indonesia, ICSID Case No. ARB/12/14 and ICSID Case No. ARB/12/40 Inaê Siqueira de Oliveira [*] After rendering separate decisions on jurisdiction¾one for the case brought by British company Churchill Mining PLC under the United […]

Awards  |  Monday March 13th, 2017

NAFTA tribunal orders Canada to pay U.S. wind power developer more than CAD28 million

Windstream Energy LLC v. Government of Canada, PCA Case No. 2013-22  An arbitral tribunal under Chapter 11 of the North American Free Trade Agreement (NAFTA) has reached the award stage. Although dismissing the discrimination and indirect expropriation claims, the tribunal upheld the claim of failure to provide fair and equitable treatment (FET), and ordered Canada […]

ITN  |  Wednesday August 10th, 2016

Awards and Decisions

Philip Morris v. Uruguay: all claims dismissed; Uruguay to receive US$7 million reimbursement Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay, ICSID Case No. ARB/10/7 Martin Dietrich Brauch [*] The long-expected final award has been rendered in the high-profile case initiated by tobacco giant Philip Morris in […]

ITN  |  Wednesday August 10th, 2016

NAFTA tribunal dismisses claims against Canada on green energy Feed-In Tariff program

Mesa Power Group, LLC v. Government of Canada, UNCITRAL, PCA Case No. 2012-17 An arbitration tribunal constituted under the North American Free Trade Agreement (NAFTA) has issued its award subject to a dissenting opinion. The tribunal found jurisdiction under NAFTA Chapter 11 on Investment. The majority of the tribunal found that Ontario’s Feed-In Tariff program (FIT […]

ITN  |  Monday February 29th, 2016

TransCanada initiates NAFTA arbitration against the United States over rejection of Keystone XL pipeline

On January 6, 2016, TransCanada initiated arbitration against the United States for “unreasonably delaying approval” of the proposed Keystone XL pipeline and ultimately denying, in November 2015, the company’s application for the required Presidential Permit. Alleging the United States breached its non-discrimination, expropriation, and fair and equitable treatment commitments under the North American Free Trade […]

ITN  |  Monday January 14th, 2013

News in Brief

Canada receives investor complaints over provincial energy and environment policies In recent months the government of Canada has received two complaints related to energy and environmental policies adopted by its provinces. Both investors have served Ottawa with notices of intent to submit a claim to arbitration under NAFTA’s investment chapter. A Delaware-based energy firm is […]

ITN  |  Thursday July 19th, 2012

Trends in Investor Claims Over Feed-in Tariffs for Renewable Energy

As governments increasingly turn to renewable energy to mitigate climate change, domestic climate-related policies in the form of price support measures such as feed-in tariffs (FiTs) have played an important role in stimulating the much needed investment—public and private, domestic and foreign—in the sector. Feed-in tariffs are characterized by guaranteed electricity purchase prices (set higher […]

ITN  |  Friday April 13th, 2012

News in Brief

Australia to reject investor-state dispute resolution in TPPA The Australian government will not sign on to investor-state dispute resolution provisions in the Trans-Pacific Partnership Agreement (TPPA), according to an Australian government official. “We have made it clear that we will no longer be seeking investor-state dispute settlement provisions in trade agreements,” said the Australian Minister […]

ITN  |  Friday April 13th, 2012

Awards and Decisions

US court vacates award against Argentina BG Group Plc v. Argentina Lise Johnson A US appellate court has vacated an award against Argentina in a decision that may give investors pause before attempting to bypass treaty provisions requiring that they first pursue their claims in the host state’s courts. The long course of the dispute […]

ITN  |  Friday October 7th, 2011

News in Brief

More legal woes for Canada’s Feed-in Tariff program for renewable energy Canada could soon be faced with arbitration for alleged breach of its obligations under the North American Free Trade Agreement (NAFTA). On 6 July 2011, a Texas-based company, Mesa Power Group LLC, served Canada with a Notice of Intent to Submit a Claim to […]

ITN  |  Tuesday July 12th, 2011

Federalism and international investment disputes

One of the more politically controversial aspects of international investment protection treaties is the liability of a State when political sub-divisions are found to have breached that State’s treaty obligations to foreign investors. This issue is particularly significant in federal States, such as Canada, the United States, Australia or Germany, among others, where sub-national governments […]

ITN  |  Tuesday July 12th, 2011

News in Brief

Canada and Dow Chemical settle claim over pesticide ban A controversial NAFTA investment dispute between Dow AgroSciences and the government of Canada was settled this May. The settlement agreement involves no money exchanging hands, and the Province of Quebec will continue to restrict the use the lawn pesticides – the measure that prompted Dow to […]

Philip Morris v. Uruguay: Will investor-State arbitration send restrictions on tobacco marketing up in smoke?

For nearly two decades, the tobacco industry has used international investment rules to challenge governmentrestrictions on cigarette marketing.  In 1994, R.J. Reynolds Tobacco Company threatened to bring a claim under the North American Free Trade Agreement’s (NAFTA) investment chapter as part of its successful lobbying campaign against Canada’s proposed “plain packaging” legislation, which would have […]

Investment arbitration and the Canada-EU Comprehensive Economic and Trade Agreement: Time for a change?

With the seventh round of negotiations between Canada and the European Union over the Canada-EU Comprehensive Economic and Trade Agreement (CETA) completed this April, and the eighth round scheduled for July, the involved nations are closer than ever to being subject to the investment arbitration provisions of another free trade agreement. Canadian critics of CETA […]

ITN  |  Thursday April 7th, 2011

News in Brief

Working group moves slowly on agreement for transparency in UNCITRAL Arbitration Rules A working group of the United Nations Commission on International Trade Law (UNCITRAL) met from 7-11 February 2011 in New York to discuss public access to information about disputes between investors and states under the UNCITRAL Arbitration Rules. The meeting marked the second […]

The transparency requirement in the new UNCITRAL Arbitration Rules: A premonitory view

Ignacio Torterola  In October, State delegations are expected to discuss the issue of transparency in the UNCITRAL Rules of Arbitration.  Ignacio Torterola, ICSID Liaison at the Argentine Embassy in Washington, DC, and Argentine Delegate to the UNCITRAL Working Group II, explains why greater openness would benefit the investment arbitration system.  Some preliminary considerations Working Group […]