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Filtered : North American Free Trade Agreement (NAFTA)

• ICSID tribunal dismisses Canada’s request for bifurcation in multi-billion-dollar LNG terminal arbitration

  Apr 26, 2024

• Analysis: ICSID tribunal in Koch v. Canada finds that emission trading allowances do not qualify as NAFTA-protected investments, but it notes that this is a “close case”

  Apr 24, 2024

• Parties report failure of court-ordered mediation in US set-aside proceedings regarding NAFTA award that held Mexico liable for denial of justice

  Mar 29, 2024

• Looking Back: ICSID tribunal in Grand River v. USA ruled on limitations period, and found indigenous rights irrelevant to assessment of alleged NAFTA breaches

  Mar 18, 2024

• Analysis: UNCITRAL tribunal in Amerra v. Mexico declines to bifurcate proceedings, seeing prima facie overlap between jurisdictional objections and merits of the dispute

  Mar 15, 2024

• [Updated with Award] ICSID tribunal dismisses emissions trading claim against Canada

  Mar 14, 2024

• NAFTA tribunal grants request by local indigenous representative to make amicus submission, but declines to repeat non-aggravation order in light of recent conduct by Mexico

  Feb 28, 2024

• Three are in place to hear NAFTA legacy dispute between creditors of TV Azteca and Mexico

  Feb 08, 2024

• Public hearing to be held in NAFTA legacy windfarm dispute with Canada

  Jan 29, 2024

• ICSID tribunal dismisses USA’s argument that claims by Ukrainian-owned companies manifestly lack legal merit

  Jan 25, 2024

• Privilege Master rules on production of USMCA negotiation documents in Keystone XL pipeline dispute

  Jan 25, 2024

• Analysis: NAFTA tribunal dismisses Mexico’s allegation that claimant breached waiver requirement by lodging second ICSID case

  Jan 18, 2024

• Alexis Mourre is tapped to chair NAFTA legacy taximeter arbitration against Mexico

  Jan 17, 2024

• ICSID tribunal is constituted to hear NAFTA legacy mining arbitration against Mexico

  Jan 08, 2024

• Three are in place to hear dispute between Alberta’s Petroleum Marketing Commission and the USA

  Dec 21, 2023

• Dyala Jimenez tapped to chair NAFTA legacy arbitration against Mexico

  Dec 11, 2023

• Analysis: ICSID tribunal refuses to revoke provisional measures due to overlap with second NAFTA legacy claim

  Nov 07, 2023

• Ontario court declines investor’s bid to set aside Vento v. Mexico award, despite finding that claimant had “reasonable apprehension of bias” with respect to respondent’s appointee

  Oct 31, 2023

• Analysis: ICSID tribunal partially grants provisional measures in NAFTA legacy claim, directing Mexico to refrain from making VAT refunds into frozen accounts, but rejecting claims to suspend local proceedings or prohibit media statements

  Oct 31, 2023

• Three are in place to hear billion-dollar NAFTA legacy claim against Mexico

  Oct 23, 2023

• Analysis: USA offers interpretation of NAFTA and USMCA provisions in recent non-disputing party submission

  Sep 27, 2023

• Mexico intervenes in Keystone XL arbitration, siding with the USA’s view that the USMCA’s NAFTA legacy provision does not apply to disputes that arose during the NAFTA-USMCA transition period

  Sep 19, 2023

• [Updated] Parking-meter arbitration against Mexico is discontinued

  Sep 09, 2023

• Eduardo Zuleta is tapped to chair NAFTA legacy arbitration against Mexico

  Sep 07, 2023

• Silver Bull secures funding for NAFTA legacy claim against Mexico

  Sep 06, 2023

• Parties in Keystone XL arbitration debate whether NAFTA legacy provision applies to measures adopted during the NAFTA-USMCA transition period

  Aug 29, 2023

• Canada raises jurisdictional objections against USMCA/NAFTA claim by coal mining company in long-running dispute over environmental measures

  Aug 18, 2023

• Creditors of Mexican TV station file NAFTA legacy claim against Mexico

  Aug 14, 2023

• Mexico is facing yet another ICSID arbitration, as NAFTA legacy claims are piling up

  Jul 24, 2023

• [Updated] Mexico faces another NAFTA legacy claim at ICSID, over a food production venture

  Jul 21, 2023

• [Updated] Canadian miner makes good on earlier threat to file NAFTA legacy claim against Mexico

  Jun 29, 2023

• [Updated] Revealed: Alberta’s Petroleum Marketing Commission is involved in NAFTA legacy arbitration with the USA over cancellation of Keystone XL Pipeline

  Jun 29, 2023

• [Updated with a copy of the Request for Arbitration] Mexico faces new NAFTA legacy claim at ICSID

  Jun 26, 2023

• Three are named to hear 20 billion USD NAFTA legacy claim against Canada

  Jun 23, 2023

• Mexico Round-Up: Looming claims, settlement negotiations, a recently-surfaced amicus ruling, and other arbitration-related news

  Jun 22, 2023

• US investor in agriculture venture files 3+ billion USD NAFTA legacy claim against Mexico

  May 16, 2023

• ICSID tribunal upholds the USA’s request for bifurcation of Keystone XL Pipeline arbitration, finding that jurisdictional objection relating to scope of NAFTA legacy provision is prima facie serious and essentially based on legal considerations

  May 12, 2023

• In NDP submissions, USA and Canada argue that NAFTA contains an implicit legality requirement, and highlight interpretative issues relating to expropriation, minimum standard of treatment, and national treatment

  Apr 14, 2023

• NAFTA tribunal emphasizes that interference with domestic criminal proceedings requires exceptional circumstances, but sets out modalities for accessing witness in prison

  Apr 03, 2023

• In non-disputing party submission filed in NAFTA legacy dispute, the USA opines that the claimants bear the burden of proof on jurisdiction, and submits that police powers doctrine does not include an element of proportionality

  Mar 17, 2023

• Investor in Mexico City parking venture makes good on earlier threat to bring NAFTA legacy claim

  Mar 14, 2023

• [Updated] US investor lodges 20 billion USD NAFTA legacy claim against Canada over failed LNG terminal project

  Mar 10, 2023

• Windstream v. Canada (2) tribunal declines to bifurcate proceedings, finding that preliminary objections based on first arbitration are intertwined with the merits

  Mar 07, 2023

• Canadian company puts Mexico on notice of NAFTA legacy dispute over mine blockade

  Mar 03, 2023

• Claimants in Keystone XL Pipeline dispute challenge the USA’s interpretation of NAFTA legacy provision and argue that the respondent is trying to “game the system”

  Mar 03, 2023

• [Updated] Canadian gold miner lodges NAFTA legacy claim against Mexico

  Mar 02, 2023

• NAFTA legacy tribunal declines to grant provisional measures aimed at preventing Pemex subsidiary from calling on performance bond

  Feb 03, 2023

• USA requests bifurcation in 15 billion USD pipeline dispute, revealing its stance on NAFTA legacy provision

  Jan 19, 2023

• Analysis: Considerations of nationality play key role in UNCITRAL tribunal’s decision to decline jurisdiction over alleged investors in Mexican hotel ventures

  Jan 04, 2023

• Analysis: Tennant v. Canada tribunal finds that claimant did not own or control investment at time of alleged breach, and did not suffer any loss or damages – thus failing to ground jurisdiction under NAFTA

  Dec 23, 2022

• NAFTA tribunal declines jurisdiction over renewable energy claim against Canada

  Dec 22, 2022

• UNCITRAL tribunal declines jurisdiction over claims by investors in Mexican eco-tourism projects

  Nov 23, 2022

• [Updated with a copy of the Award] Tribunal majority dismisses NAFTA claim arising out of revocation of fracking permit

  Nov 22, 2022

• Mining investor makes good on earlier threat to bring NAFTA claim against Mexico

  Nov 11, 2022

• Mexico is put on notice of a 3 billion USD NAFTA legacy dispute

  Nov 02, 2022

• Analysis: Tribunal hearing paper mill dispute with Canada decides that NAFTA’s procurement and subsidies carve-outs bar most claims, while remaining measures do not evidence nationality-based discrimination; dissenter would have found treaty breach

  Oct 17, 2022

• Canada prevails by 2-1 margin in new NAFTA investment arbitration award, as arbitrators split on NAFTA’s procurement exception and discrimination claim

  Oct 11, 2022

• Alexis Mourre is tapped to chair Keystone XL pipeline arbitration against the USA

  Sep 22, 2022

• Analysis: NAFTA/ICSID tribunal hearing limestone quarrying dispute with Mexico issues unanimous non-aggravation order, but splits on admissibility of ancillary claim

  Sep 19, 2022

• Investor in parking meter system makes good on earlier threat to bring NAFTA legacy claim against Mexico

  Sep 15, 2022

• USA and Canada request USMCA consultations over Mexico’s energy policies

  Jul 22, 2022

• ICSID tribunal issues provisional measures order in NAFTA case against Mexico, as underlying limestone quarrying dispute heats up despite advanced stage of the arbitration process

  Jul 13, 2022

• Mexico Round-Up: Marine services award surfaces, a failed constitutional reform, and potential claims over nationalization of lithium exploitation

  May 10, 2022

• Mexico Round-Up: Supreme Court of Justice upholds contested electricity reform, provisional measures requests and decisions, virtual and in-person hearings, and an application for an additional award

  Apr 12, 2022

• Analysis: Arbitrators disqualify government counsel, seeing real risk that she received confidential information of case during prior work for litigation funder; challenge to second team member is nixed

  Mar 29, 2022

• [Updated] Mexican taximeter arbitrations are consolidated after claimants settle partnership dispute

  Mar 11, 2022

• Canadian court dismisses investor’s bid to set aside Mexican telecoms award, seeing no breach of due process

  Feb 24, 2022

• US company puts Mexico on notice of a 667 million USD NAFTA legacy dispute

  Feb 22, 2022

• Analysis: NAFTA tribunal finds that US company’s claim against Canada must fail since the claimant did not own or control the investment at the time of the alleged breach

  Feb 17, 2022

• Notice of intent in Alberta-USA dispute over Keystone XL Pipeline surfaces; province-owned entity argues that the USA breached the NAFTA/USMCA by cancelling the project for purely political reasons

  Feb 15, 2022

• Tribunal majority rejects request for amicus participation; Philippe Sands dissents, pointing to need to address concerns about legitimacy of ISDS regime

  Feb 10, 2022

• [Updated] Canadian province of Alberta files NAFTA/USMCA notice of intent in relation to Keystone XL Pipeline dispute with the USA

  Feb 09, 2022

• Free to View: NAFTA/USMCA tribunal invites amicus curiae applications in emissions trading arbitration

  Feb 02, 2022

• NAFTA tribunal declines jurisdiction over claim arising out of Canadian province’s decision to phase out coal-generated electricity

  Feb 01, 2022

• Canada Round-Up: Another pipeline dispute with the US, several impending decisions, and an update on other arbitration-related developments involving the state

  Jan 03, 2022

• Province of Alberta confirms intention to lodge its own treaty claim against the USA over cancellation of Keystone XL Pipeline

  Nov 26, 2021

• [Updated] 15+ billion USD dispute over Keystone XL Pipeline proceeds to NAFTA legacy arbitration

  Nov 22, 2021

• Mexico City taximeter dispute gives rise to second ICSID arbitration

  Nov 16, 2021

• Imminent public hearings on jurisdiction to be held in wind energy NAFTA arbitration against Canada

  Nov 09, 2021

• In NAFTA mining case, the United States and Canada express their opinions on national treatment, the minimum standard of treatment, expropriation, and the distinction between direct and reflective losses

  Nov 09, 2021

• United States and Canada chime in on NAFTA limestone quarry case, commenting on minimum standard of treatment, most-favoured nation clause, and the distinction between direct and reflective losses

  Nov 05, 2021

• Three are in place to hear NAFTA legacy claim against Mexico

  Oct 24, 2021

• In Mexican offshore oil dispute, Canada and the United States set out their views on claims by dual nationals, reflective losses, and state enterprises under NAFTA

  Oct 13, 2021

• Following the appointment of a replacement chair, UNCITRAL tribunal announces that it will repeat (in abbreviated form) public hearing in Canadian paper mill dispute

  Oct 11, 2021

• Mexico Round-Up: A new treaty-based notice of dispute concerning a higher education investment, a proposed constitutional reform giving rise to speculations about potential arbitration claims, a settlement, and updates on various other cases

  Oct 06, 2021

• [Updated] Mexico is seeking legal advice for NAFTA legacy arbitrations

  Oct 04, 2021

• Analysis: Tribunal in Lion Mexico v. Mexico finds first known denial of justice under NAFTA, as claimant was not given the opportunity to defend itself against a complex private fraud leading to the cancellation of its debt instruments

  Sep 24, 2021

• Mexico is held liable for denial of justice, as ICSID AF tribunal finds that cancellation of mortgages by local courts amounted to a breach of NAFTA

  Sep 21, 2021

• Looking Back: Merrill & Ring v. Canada tribunal found that custom had evolved to favour investors, but that no breach could arise without harm to claimant

  Sep 14, 2021

• Updated: NAFTA tribunal dismisses request for interim measures, finding allegations of witness intimidation to be insufficiently substantiated

  Sep 07, 2021

• US energy company files notice of dispute over Mexico’s decision to award PEMEX operatorship over large offshore oil field

  Sep 03, 2021

• Three are in place to hear NAFTA legacy claim against Mexico

  Aug 29, 2021

• Mexico weighs in on Canada’s ratione temporis objections in NAFTA coal phase-out dispute

  Jul 16, 2021

• Mexico Round-Up: Two settlements, a new claim, and an update on various other arbitration proceedings

  Jul 08, 2021

• The US and Mexico chime in on limitation period for continuing breach and ownership requirement in NAFTA arbitration

  Jul 05, 2021

• Cancellation of Keystone XL Pipeline prompts notice of dispute against the USA; Canadian claimant asks for over 15 billion USD in damages

  Jul 03, 2021

• Investors in Mexican taximeter venture renew notice of dispute

  Jun 30, 2021

• Tennant v. Canada tribunal rules (again) on bifurcation; deadline for amicus curiae submissions is set

  Jun 23, 2021

• Claimant in wind energy dispute with Canada argues that it has standing, and that its claims are not time-barred

  Jun 16, 2021

• Mexico Round-Up: A NAFTA legacy claim, push-back on a new hydrocarbons law, speculations over a new mining claim, and updates on various other cases against the state

  May 14, 2021