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North American Free Trade Agreement (NAFTA)

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Recent articles

  NAFTA tribunal in renewable energy arbitration allows entry into record of evidence obtained via "Section 1782" discovery in US courts
Apr 25, 2013
  In newly-released report, tribunal-appointed expert urged lifting of attorney-client privilege on documents at center of NAFTA denial of benefits battle
Apr 16, 2013
  Tribunal nixes requests by Canadian arbitration lawyer and an unrelated NGO to intervene as amicus curiae in Apotex v. USA NAFTA arbitration
Mar 19, 2013
  Investor agrees to settle NAFTA claim against Canada; effort to build controversial quarry comes to an end as Province agrees to pay out 2/3rd of sums invested
Mar 12, 2013
  Tribunal rules on U.S. Government’s request to bifurcate NAFTA Chapter 11 arbitration proceedings
Feb 6, 2013
  Jurisdictional disagreements are laid bare in NAFTA arbitration; Apotex production facilities located outside the United States figure prominently
Jan 29, 2013
  Parties to Apotex v. U.S.A. NAFTA arbitration spar over meaning of legal protections including "effective means" and non-discrimination obligations
Jan 29, 2013
  Green energy arbitration moves forward as arbitrators are picked and preliminary arguments tabled by investor (Mesa) and Canada
Jan 29, 2013
  Newly disclosed document shows that pharma corp hopes to construe alleged non-compliance with patent treaties as a breach of investment treaty
Dec 10, 2012
  U.S. pharma corp puts Canada on notice of NAFTA claim following patent invalidation at hands of Canadian court; more such claims in wings?
Dec 3, 2012
  Canada sees second environmental dispute in recent months as wind-power investor threatens NAFTA arbitration
Dec 2, 2012
  Mobil v Canada award sets high bar for NAFTA Art 1105 breach, and offers reading of performance requirements rules
Nov 22, 2012
  Tribunal in Mobil and Murphy v. Canada case diverges on meaning of NAFTA reservations provisions
Nov 22, 2012
  Canada threatened with quarter billion dollar NAFTA claim over cancelled permits for gas fracking ventures
Nov 14, 2012
  U.S. election result gives new life to multi-billion Dollar NAFTA Chapter 11 arbitration against Canada
Nov 11, 2012
  Tribunal selected to hear U.S. investor’s claim that Canada mistreated pulp mill investment
Oct 12, 2012
  Arbitral tribunal selected to hear Canada’s bid to deny NAFTA benefits to U.S. company
Sep 19, 2012
  First investor-state arbitration filed under CAFTA results in award against Guatemala
Jul 1, 2012
  Tribunal chosen to resolve pharma claims against U.S.A., and to rule whether MFN clause imports other obligations into NAFTA
Jun 14, 2012
  Canada loses NAFTA claim; provincial R&D obligations imposed on US oil companies held to constitute prohibited performance requirements
Jun 1, 2012
  Canada expands on defences to NAFTA claim over environmental assessment of Nova Scotia quarry; government says regulatory goals and project differences may justify different treatments for different projects
May 21, 2012
  Canadian Supreme Court refuses to set aside arbitral award due to tribunal’s willingness to factor cross-border “trade” losses into valuation of an investment
May 10, 2012
  Investor turns to courts in attempt to challenge a denial of benefits determination in NAFTA dispute
Apr 10, 2012
  As United States is hit with another arbitration claim, pharma companies are growing creative in their use of investment treaties
Mar 13, 2012
  NAFTA News: Pulp company says it has put Canada on notice of claim, as redacted award from earlier case is released
Jan 31, 2012
  Parties in NAFTA pharmaceuticals arbitration trade arguments on jurisdiction, as tribunal rejects amicus participation
Dec 1, 2011
  Investors in Nova Scotia quarry lay out legal arguments in NAFTA claim against Canada
Nov 22, 2011
  Mexico loses bid to set aside NAFTA arbitration award in Canadian appeals court
Oct 5, 2011
  Canada prevails in NAFTA arbitration over thwarted garbage disposal project; costs ruling obliges government to shoulder its defence costs
Sep 27, 2011
  US investors put Mexico on notice of NAFTA arbitration in border crossing advertising dispute
Sep 7, 2011
  Renewable energy arbitration claims on horizon, but states take differing approaches to public disclosure
Sep 7, 2011
  Facts and legal arguments come to light in threatened NAFTA claim over land-use (quarry) dispute with Canada
Aug 15, 2011
  United States lays out defence arguments in NAFTA investor-state arbitration arising out of pharmaceutical drug approval process
Aug 4, 2011
  Dispute over pesticide phase-out ends ambiguously, with investor abandoning case, measures remaining in place, but Canadian province offering statement which may be brandished in other jurisdictions
Jun 9, 2011
  Canada settles another NAFTA case, with unpublicized modest financial pay-out; two of three arbitrators were nominated when case settled
Jun 9, 2011
  Cargill v. Mexico ruling finds three NAFTA breaches; publication of 2009 arbitral award delayed 17 months as redactions debated
Mar 15, 2011
  Tribunal sees a high-bar for breach of NAFTA’s Minimum Standard of protection; doubts expressed as to impact of hundreds of BITs on customary international law
Mar 15, 2011
  Mexico can’t justify its mistreatment of Cargill as counter-measures taken against the United States; ownership of NAFTA “rights” discussed anew
Mar 15, 2011
  Mexico persists in battle to reduce $77 Million NAFTA debt; published damages award applied several notable discounts, including effect of social protests against investor’s product
Mar 15, 2011
  Arbitrators in NAFTA arbitration reject all claims against United States in tobacco industry dispute
Mar 6, 2011
  ANALYSIS: Tribunal in Grand River v. U.S.A. arbitration declines to import non-investment law obligations into NAFTA; role of other “relevant” legal obligations in treaty interpretation under Vienna Convention is not discussed
Mar 6, 2011
  Investor withdraws stay request, and plans to proceed with twin NAFTA arbitration claims
Jan 13, 2011
  Arbitrators decide to hear Canada’s objections to NAFTA garbage disposal investment dispute as a preliminary matter
Nov 25, 2010
  Arbitrators in Chemtura v. Canada NAFTA arbitration take economical route in finding no treaty breaches
Sep 15, 2010
  Arbitrators nix bid to hold Canadian government liable for treaty breaches due to phase-out of toxic chemical
Aug 28, 2010
  Canada settles NAFTA claim by pulp & paper company for $130 Million; spotlight turns to federal government’s being on hook for actions of province
Aug 28, 2010
  Arbitrators terminate treaty claim after claimant fails to advance costs, but Government of Canada not entitled to reimbursement for 1,100 hours spent prepping case
Aug 28, 2010
  Tribunal chosen to hear pharma company’s claim that it suffered denial of justice due to foreign court’s handling of prescription drug lawsuits
Aug 5, 2010
  Canada moves to terminate NAFTA claim, after claimant fails to post funds for arbitration
May 26, 2010
  Government (of Canada) prevails in NAFTA Chapter 11 arbitration; claimant (Merrill & Ring) weighing options
Apr 9, 2010
  ICSID Tribunal corrects award so that it will be shielded from taxation
Apr 9, 2010
  Canada sees two new Chapter 11 Notices of Intent
Apr 9, 2010
  NAFTA claim by Dow Chemical Corp on slow track as other Canadian Provinces persist with bans on contested lawn pesticide
Nov 13, 2009
  ANALYSIS: NAFTA challenge ruling may stir debate as to implications in Energy Charter Treaty cases
Oct 30, 2009
  Arbitrator steps down in UNCITRAL arbitration; obliged to choose between arbitrator work and Gov't advisory work
Oct 30, 2009
  Corn Products asks tribunal to correct award so as to take account of likely taxation of award in Mexico
Oct 14, 2009
  ANALYSIS: Slow Gov't decision-making, on environment & approvals, a breach of treaty obligations to foreign investors?
Sep 19, 2009
  Canada sets out arguments in NAFTA claim arising out of environmental assessment of quarry and shipping project
Sep 19, 2009
  Mexican cement company puts US Government on notice of NAFTA claim
Sep 19, 2009
  In largest NAFTA award to date, Cargill prevails in claim against Mexico
Sep 19, 2009
 
more articles >>
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