NAFTA

Canada, ICSID, ICSID Arbitration, Investment Arbitration, Investor-State arbitration, NAFTA, Suspension of Proceedings, USMCA

(Carleton University)/ /Leave a comment

For the first time under Rule 54(2) of the ICSID 2022 Arbitration Rules, the Tribunal in Ruby River Capital LLC v. Canada (ICSID Case No. ARB/23/5) had to decide on a request for suspension of the proceeding. In its Request for Suspension, Canada asked the Tribunal to suspend the proceeding until the Tribunal in TC…

Canada, Intellectual Property, NAFTA, Social media

(University of Southern Denmark)/ /Leave a comment

The pending NAFTA-based investor-State dispute settlement case Einarsson v. Canada has been noteworthy for matters of both procedure and substance. The claimants are a father and two sons, all holding US citizenship, and their Canadian-incorporated company, Geophysical Services Incorporated (GSI). They claim that by violating copyright and trade secret protections of GSI’s seismic data, which…

Canada, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment Treaties, Mexico, NAFTA, United States, USA, USMCA

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Australian National University)/ /Leave a comment

On June 30, 2020, an era of international investment law and dispute resolution came to an end as the North American Free Trade Agreement (NAFTA) concluded its 27-year tenure with the entry into force of United States – Mexico – Canada Agreement (USMCA). Three years later, a further milestone is now marked: today, Canada, which…

Canada, Conflicts of interest, Counsel, Ethics, NAFTA

(Bocconi University) and (Association ARBITRI)/ /2 Comments

Not so long ago, as a lawyer you started your career at the same firm from which you would later retire. Today, the opposite is true. Ambitious young lawyers and sometimes even entire practice groups move to new firms. Counsel switch between in-house and law firm positions, between public and private employers, and occasionally between…

Canada, Investment Arbitration, NAFTA, USMCA

(University of Ottawa Faculty of law)/ /Leave a comment

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 TC Energy Corporation and TransCanada PipeLines Limited against United States (dated November 22, 2021) and the Notice of Intent (“Notice”) submitted by Alberta Petroleum Marketing…

Croatia, Energy Charter Treaty, Fair and Equitable Treatment, Israel, NAFTA, Paris Arbitration Week

(Addleshaw Goddard LLP)/ /Leave a comment

As part of the 2022 Paris Arbitration Week, Jeantet organised a round table on “The Fair and Equitable Treatment Standard: Update and Perspective”. The panel was composed of Yuriy Pochtovyk (Legal Official, Energy Charter Secretariat), Prof. Kaj Hobér (Associate Member, 3 Verulam Buildings), Barton Legum (Partner, Honlet Legum Arbitration), Irena Alajbeg (Croatian Ministry of Foreign and…

Arbitration, Arbitration Proceedings, BIT, International arbitration, Intra-EU BITs, Investment Arbitration, Joint Interpretation Clauses, NAFTA, Vienna Convention on the Law of Treaties

(University of Naples Federico II)/ /Leave a comment

State parties’ “mutual actions” over a treaty – including interventions such as interpretation, modification and termination – have flourished in recent investment treaty practice. This trend brings to the fore the question of whether there are any limits to such actions, particularly due to the involvement of non-State entities, such as investors and arbitral tribunals….

NAFTA, USMCA, World Arbitration Update

(White & Case), (Manesco, Ramires, Perez, Azevedo Marques Sociedade de Advogados), (Concepción Global, PLLC, Universidad Complutense de Madrid), and (Xtrategy LLP)/ /Leave a comment

The World Arbitration Update conference, held on 11 to 15 October 2021, aimed to update the international arbitration community on the latest North American continental trends and developments. This blog post addresses two of the WAU’s panel discussions regarding (1) the outlook on the trends and developments in the Americas and (2) Caribbean-related arbitrations involving…

Denial of justice, Due process, Investment Arbitration, Mexico, NAFTA

(CMS)/ /Leave a comment

Lion Mexico Consolidated v. Mexico1)Lion Mexico Consolidated L.P. v. United Mexican States (ICSID Case No. ARB(AF)/15/2). represents the first positive finding of denial of justice in the history of NAFTA2)In 1999, a NAFTA tribunal analysed and rejected for the first time a claim for denial of justice in Robert Azinian v. Mexico. and one of…

Canada, conflict of interest, Ethics, judicial review, NAFTA, National Courts, UNCITRAL Arbitration Rules

(Association ARBITRI)/ /1 Comment

The story of counsel ethics in international arbitration is very much like Cinderella’s fairytale. Once the clock struck midnight, all that remained was her glass slipper. This left the prince to search the kingdom for a maiden with the perfect fit for a “happily ever after”. Counsel ethics in international arbitration similarly involve an ongoing…

Financial Services Arbitration, Investment agreements, Investment Arbitration, Investment law, NAFTA, Trade and investment agreements, USMCA

(Clark Hill PLC)/ /Leave a comment

As North America embarks into a post-NAFTA era with the USMCA, it is crucial to analyze the new agreement’s disciplines. The USMCA Investment Chapter, for instance, has been the subject of many articles that have reviewed relevant differences with respect to NAFTA, particularly on investment arbitration. This post will explore the arbitration rules applicable to investment disputes…

Arbitration, Arbitration Proceedings, Investment Arbitration, NAFTA, USMCA

, (Dentons)/ /Leave a comment

On July 1, 2020, the investment chapter of the North American Free Trade Agreement (NAFTA) expired quietly in its North American home, at the age of 26.  It left behind a generation of investment treaties and investment chapters in free trade agreements that are its direct descendants.  It served as inspiration for many other agreements. …

Canada, International agreement, International arbitration, Investment agreements, Investment Arbitration, Investment protection, Investment Treaties, Mexico, NAFTA, United States, USMCA

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Australian National University)/ /Leave a comment

On July 1, 2020, the United States – Mexico – Canada Agreement (USMCA) will enter into force. Although the media widely refers to the treaty by its American name, USMCA, it also carries two other names: Canada has adopted it as the Canada – United States – Mexico Agreement (CUSMA), while Mexico has settled on…

2018 In Review, Argentina, Belt Road Initiative, BIT, Bolivia, Brazil, Cooperation and Facilitation Investment Agreements, Costa Rica, Ecuador, Franchising Contracts, ICSID Arbitration, Latin America, Mexico, Model BIT, NAFTA, Public Procurement, São Paulo, South America, Uruguay, USMCA

(University of Aberdeen ), (Herbert Smith Freehills), and (Locke Lord LLP)/ /Leave a comment

        [Source:Google] In this post the Kluwer Arbitration Blog’s Latin American editorial team (Associate Editor Gloria Alvarez and Assistant Editors Daniela Páez  and Enrique Jaramillo) joins us in an adventure to reflect on the Blog’s 2018 coverage of arbitration developments in the region. First, it is worth recapping the environment and circumstances…

Canada, European Union, Latin America, Mexico, NAFTA, USA, USMCA

(IÉSEG )/ /Leave a comment

On Friday December 7th, a distinguished panel of government negotiators, experienced investment arbitrators and senior legal advisors gathered in Paris at the law faculty of the University Paris II Panthéon-Assas (Paris II) to discuss the US-Mexico-Canada Trade Agreement (USMCA) also called the “New NAFTA” signed on November 30th. The panel was held as part of…

Derivate Contracts, Derivative Claims, Investment Arbitration, Investment Treaties, Investor-State arbitration, Multiple parties, NAFTA

(University of Bristol )/ /Leave a comment

The last decade has seen multiparty arbitration emerge as a contentious issue in investment treaty arbitration. Beginning with Abaclat v Argentina, investment tribunals have grappled with whether similarly-situated, but otherwise unrelated investors with distinct investments, can bundle their claims in a single arbitration. While decisions on this issue continue to evolve, a new ground for…

Canada, Fork in the road, ISDS, Mexico, NAFTA, USA, USMCA

(Hughes Hubbard & Reed)/ /3 Comments

Introduction: The Pro-State Orientation of the USMCA Chapter 14 of the United States-Mexico-Canada Agreement (USMCA) presents a model of investor-state dispute settlement (ISDS) that fundamentally realigns the balance between investors and states in favor of the latter. This realignment consists in the USMCA’s structure and specific provisions. Structurally, the USMCA eliminates ISDS between Canadian investors…

CETA, Investment Arbitration, ISDS, NAFTA, USMCA

(NL-Investmentconsulting)/ /Leave a comment

Zooming out from the excellent analysis of Robert Landicho and Andrea Cohen on the specific changes that the USMCA as the intended successor of NAFTA will bring for investment protection and ISDS, this contribution will place the USMCA in a global perspective, in particular regarding the efforts of the EU to replace ISDS system with…

Canada, Investment Arbitration, Investment protection, Investment Treaties, Investor-State arbitration, ISDS, Mexico, NAFTA, USA, USMCA

, (Vinson & Elkins LLP)/ /Leave a comment
Young ITA

President Trump’s October 1, 2018 announcement that the United States, Canada, and Mexico have reached an agreement to replace the 1994 North American Free Trade Agreement (NAFTA) marks a veritable sea change in investor-state dispute settlement in the region. Previous and prospective users of NAFTA’s dispute resolution procedures will immediately note that this new free-trade…

Investment Arbitration, Investment protection, ISDS, Mexico, NAFTA

(Cooley LLP)/ /Leave a comment
Young ICCA

Mexico held its general elections (including presidential election) on July 1st. The Government of the country has shifted from a center-right president, Enrique Peña Nieto from the Partido Revolucionario Institucional (Institutional Revolutionary Party), to the favorite candidate for the recent elections, the left-wing politician Andrés Manuel López Obrador (“AMLO”). AMLO, a member of the Movimiento…

Arbitration, Energy, ISDS, Mexico, NAFTA, UNCITRAL Arbitration Rules

(Freshfields Bruckhaus Deringer LLP)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The 5th Annual ITA-IEL-ICC Joint Conference on International Energy Arbitration was held in Houston last month, and the focus was on the year past and the year ahead in the arbitration of international disputes in the energy industry. From the topics discussed, predictions rendered and questions raised at the conference, attendees departed considering whether the…

Brexit, ISDS, NAFTA, UK, United States

(Allen & Overy) and (Jenner & Block LLP)/ /Leave a comment

In the first part of this article, we discussed the need to broaden the debate about the UK’s future trading relationships, touched upon some potential advantages of the UK joining the NAFTA and traced the idea’s limited history. Is there political will? These days, the idea remains on the periphery, even out of sight. Each…

Brexit, ISDS, NAFTA, UK, United States

(Allen & Overy) and (Jenner & Block LLP)/ /Leave a comment

To many, it would seem foolish even to ask whether the UK might join the North American Free Trade Agreement. Yet, the UK should explore all possibilities open in a post-Brexit world. As we explain, the idea that the UK might join the NAFTA is not only conceptually interesting, but also merits entertaining with a…

Investment Arbitration, Investor-State arbitration, ISDS, NAFTA, USMCA

(Loyola University of Chicago)/ /Leave a comment
Young ICCA

Chapter 11: Where Investors Go to Complain NAFTA renegotiations began last year and, with attention once again on this 23-year old trade deal, critics are taking the opportunity to voice their concerns. U.S. President Trump has himself propounded, and indeed campaigned on, an abundance of criticism directed at NAFTA. While no part of NAFTA has…