…mandatory interpretations, like in the case of NAFTA or the new USMCA (see art. 1131(2) NAFTA, art. 14.D.9 USCMA). Concluding remarks The Treaty between Venezuela and Colombia is certainly…
…production and a series of State measures likely to violate the FET standard under USMCA and other IIAs. As regards the relationship of the Paris Agreement and FET, Herfried referred…
…with whom the Claimant had a contractual relationship (Posh v. Mexico). In addition, later in the year, the United States requested consultations under the United States Mexico Canada Agreement (USMCA)…
…States to deviate from its rules to suit their treaty-making goals. Some IIAs contain specialized guidance, for instance, the USMCA provides for a three-year sunset period for termination and winding…
…triggers the first step in the state-to-state dispute resolution mechanism set up in Chapter 31 of the United States Mexico Canada Agreement (USMCA). The results of these procedures could lead…
…breaching the rule are unclear. A helpful comparison can be made with current treaties. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the United States–Mexico–Canada Agreement (USMCA), the 2019…
This question of first impression under the United States-Mexico-Canada Agreement (USMCA) has been brought to the fore with the spring 2022 publication of the Request for Arbitration (“Request”) submitted by…
…the environment in their territories. Similarly, Article 24.4.3 of the USMCA provides that parties recognize that it is inappropriate to encourage trade or investment by relaxing environmental law protection. This…
…investment treaty arbitration against Colombia. More recently, Canadian and US investors filed claims against Mexico under the NAFTA and the United States–Mexico–Canada Agreement (USMCA) following Mexico City’s cancellation of a…
…counter-reform in the energy sector which has already strained diplomatic ties and is questioned for its effects on existing investments and international treaties, like the USMCA — a treaty that…
…The panel analyzed NAFTA’s legacy and discussed what the future holds for the new United States-Mexico-Canada Agreement (USMCA). Christina Beharry (Foley Hoag) moderated the panel on Arbitration in the Caribbean…
…signatory, including – at least – thirty-six bilateral investment treaties (BITs), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and the United States-Mexico-Canada Agreement (USMCA). Ecuador: New Government…
…legitimate exercise of this power and violation of the rights of investors. Gaela Gehring Flores, of Arnold & Porter, provided a complete overview of the United States–Mexico–Canada Agreement (USMCA) and…
…as “USMCA”) signed by the US, Mexico and Canada – in force as of 1 July 2020 – expressly includes “mortgages” as a covered investment under Article 14.1(h). The Parties’…
…arising out of Mexico-U.S. investments under the new USMCA; the termination, in view of their ISDS clauses, of intra-E.U. bilateral investment treaties; and the proposal championed by the E.U. to…
…Trade Area (“AANZFTA”) and the United States-Mexico-Canada Agreement (“USMCA”)), the extensiveness of its use is noteworthy: New Zealand (25); Canada (40); Australia (21); and Vietnam (35). Administratively, Chapter 27 provides…
…such enterprise (Art. 14.14(2), USMCA). This category largely overlaps with the criterion of “normal economic relations”, as it relates to unilateral countermeasures and collective sanctions. It seems even broader as…
…Progressive Agreement for Trans-Pacific Partnership (“CPTPP,” which entered into force for most of its parties on December 30, 2018), Canada-U.S.-Mexico Agreement (“CUSMA,” also known as USMCA or T-MEC, which entered…
…under USMCA for at least two reasons. On the one hand, the Amparos were based on breach of Mexico’s constitution, not the USMCA. On the other, the fork-in-the-road clause does…
…Maori people when negotiating trade and investment agreements. The United States, Canada, and Mexico Agreement (USMCA, the new NAFTA) also includes similar provisions such as the General Exception for Indigenous…
…e.g., NAFTA, USMCA, ECT, CAFCA, and bilateral investment treaties. Comparative law brings clearly the need to understand that at all levels of legal direction, there are different national ways of…
…Canada and the EU (CETA), the EU-Singapore FTA, the United States-Mexico-Canada Agreement (USMCA). The debate on specific representation and its scope, nuance, and degree is important. A specific representation can…
…international arena, concluding treaties with a direct impact on international disputes (USMCA, ICSID, EU-Mexico FTA). How do you think these measures will change the arbitration landscape in Mexico and what…
…and through their manifestation at the regional and bilateral level, as was evident from our coverage of the new dispute settlement paradigms established by the USMCA and ECT modernization process….
