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Quantum award in Bilcon v. Canada withstands set-aside, as Canadian judge sees no issue with tribunal’s approach to causation
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Individual claimant resubmits treaty arbitration against Peru after first case is stymied by invalid litigation waiver
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Analysis: in quantum decision, Bilcon tribunal awards investors little more than their sunk costs, after finding no certain causation between Canada’s breach and alleged lost profits
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Canada ordered to pay $7 million for botched environmental review, but NAFTA arbitrators reject U.S. investors’ bid for $400+ million in lost profits
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Canada fails in bid to set aside unfavourable NAFTA award from Bilcon quarry dispute – damages ruling looms in $443 million compensation fight
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Damages claims come to light as parties prep for hearings in controversial NAFTA quarry case, Clayton/Bilcon v. Canada
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Looking Back: In SD Myers v. Canada case, arbitrators rule that temporary ban on cross-border hazardous waste shipment had protectionist intent
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Looking Back: At damages phase, arbitrators in SD Myers v. Canada case quantified foregone income due to border closure; role of NGO-driven political risk also touched upon
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Arbitrators in Clayton/Bilcon case align on jurisdictional questions, but fall out over Canada’s liability for NAFTA breach in $300 million quarry fight
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Majority of NAFTA Chapter 11 tribunal finds national treatment and minimum standard breaches in environmental review of controversial Nova Scotia quarry
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In NAFTA dissent, Donald McRae sees chilling effect – and “remarkable step backwards in environmental protection” – due to majority ruling
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As NAFTA hearings set to be web-streamed in quarry dispute, IAReporter reviews latest pleadings, including arguments on attribution, time limits, discrimination and due process
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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
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Canada sets out arguments in NAFTA claim arising out of environmental assessment of quarry and shipping project
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NAFTA quarrying and shipping claim against Canada will be open to the public
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Tribunal selected to hear NAFTA claim between Canada and US investors in proposed quarrying and shipping scheme
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