…similar temporal breadth (Award, para 334; USMCA, Chapter 14). In disputes where tribunals have declined jurisdiction over pre-investment expenditures, there are usually no contractual relationships formed by the state and…
…granted by the North American Free Trade Agreement (“NAFTA”) and the Annex 14-C United States-Mexico-Canada Agreement (“USMCA,” providing rules for both legacy investment claims and pending claims). The arbitration was…
…1121 and USMCA Annex 14-C(1), the limitations period (NAFTA Articles 1116(2)/1117(2) and USMCA Annex 14-E(4)(b), national treatment (NAFTA Article 1102 and USMCA Article 14.4), and MST (NAFTA Article 1105 and…
…and the legacy provisions of the USMCA, a tribunal denied the respondent’s request to suspend the proceedings pending the decisions of two other tribunals regarding the scope of the USMCA’s…
…Limited v. United States (ICSID Case No. ARB/21/63) had ruled on a preliminary objection regarding the scope of Annex 14-C of the United States-Mexico-Canada Agreement (“USMCA”). Following the Claimant’s Observations,…
…legacy claims has elapsed, and even though Canada has renounced ISDS under the USMCA, as the recent Almaden Minerals case shows, Canadian miners can invoke the newer Comprehensive and Progressive…
…Trade Agreement (NAFTA) to the newly established United States-Mexico-Canada Agreement (USMCA). The 2023 ICCA Handbook updates and additions underscore the ongoing global efforts to refine and enhance dispute resolution mechanisms….
…that an investor can submit to arbitration. First, under the USMCA Annex 14-D, only breaches of the following USMCA obligations can be arbitrated: (i) National Treatment, (ii) Most-Favored-Nation Treatment, and…
…the USMCA (also known as CUSMA or T-MEC) significantly changes the landscape of investor-state dispute resolution in North America, eliminating investor-state arbitration between the US and Canada, and narrowing it…
…has gained favor in North America as well, with the new USMCA having more limited investment protection compared to NAFTA. Mr. Blackaby concluded by emphasizing the region’s unique position and…
…the new agreement – USMCA – was held at the G-20 Summit in Buenos Aires. Mexico was the first party to ratify USMCA, in January 2019, and Canada became the…
…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…
