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Canada prevails by 2-1 margin in new NAFTA investment arbitration award, as arbitrators split on NAFTA’s procurement exception and discrimination claim
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Following the appointment of a replacement chair, UNCITRAL tribunal announces that it will repeat (in abbreviated form) public hearing in Canadian paper mill dispute
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Imminent public hearings to be held in Canadian paper mill dispute
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USA and Mexico submit that NAFTA parties reached a binding subsequent agreement on interpretation of the treaty’s national treatment provision
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ANALYSIS: Canada lays out its merits defence in NAFTA paper mill dispute, touching on subsidies, treatment meted out to companies in different provinces, and whether MST requires that failing companies “be left to fail”
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In new pleading, U.S. investor Resolute Forest Products Inc., lays out case for why government bail-out of a paper mill in Canada mistreated its competing operations in another Canadian province
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An update on eight investment arbitration claims against Canada
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Looking Back (1 of 2): UPS v. Canada case sparked ‘continuing conduct’ and time-bar controversies, and considered whether competition rules are contained in customary minimum standard
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Looking Back (2 of 2): At merits phase, UPS v. Canada tribunal split on discrimination, procurement and cultural industries exception
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Tribunal chaired by James Crawford upholds jurisdiction in NAFTA claim over Nova Scotia paper mill measures
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NAFTA Chapter 11 tribunal declines joint amicus application by Barry Appleton and Robert Howse
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ANALYSIS: In lead-up to hearings, parties trade arguments over NAFTA time-bar, meaning of ‘treatment’, and whether one Canadian province’s measure can ‘relate to’ an investor in another province
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Tribunal is finalized to hear latest forestry-related investment arbitration against Canada
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ICSID tribunal holds Zimbabwe in breach of investment treaty obligations for dispossession of Dutch farmers
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