Can Governments require foreign investors to invest a specific amount in research and development on an annual basis? A first look at Mobil Investments Canada Inc. and Murphy Oil Corporation v. Government of Canada
Mandatory research and development investment requirements (hereinafter ‘R&D Requirements’) may be prohibited under Chapter 11 of the North American Free Trade Agreement (‘NAFTA’). A decision in Mobil Investments Canada Inc. and Murphy Oil Corporation v. Government of Canada (‘Mobil v. Canada’) is highly anticipated after a U.S. website leaked the fact that Canada had lost…