The increased reliance on third-party funding (“TPF”) in investment treaty arbitration in recent years has led States and arbitral tribunals to examine the phenomenon more closely. Both the United Nations Commission on International Trade Law (“UNCITRAL”) Working Group III on investor-state dispute settlement (“ISDS”) reform and the International Centre for Settlement of Investment Disputes (the… Continue reading Third-Party Funding at the Heart of ISDS Reform
On 16 August 2019, the International Centre for Settlement of Investment Disputes (the “ICSID”) Secretariat published its third working paper on proposals for amendment of the ICSID Rules (Working Paper #3). In addition to many other changes, the proposed amended Rules provide, for the first time, guidance and clarity to tribunals on security for costs… Continue reading Security For Costs in Investment Treaty Arbitration: More Certainty Expected…
On Wednesday 29th May 2019, the Honourable Chrystia Freeland, Canada’s Minister of Foreign Affairs, presented a “ways and means” motion to the House of Commons that paved the way for Prime Minister Justin Trudeau to introduce Bill C-100, “An Act to implement the Agreement between Canada, the United States of America and the United Mexican States” (the “CUSMA Implementation Act”),… Continue reading Legislation to Implement the CUSMA / USMCA / T-MEC Introduced…
On 17 April 2019, U.S. Secretary of State Pompeo announced that the suspensions that have applied to the civil remedies provisions in Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 since its inception will not be continued and civil remedies will be available to certain United States nationals effective on May 2nd. In general… Continue reading On May 2nd Canadian Companies Doing Business in Cuba Could…
Since March, 2014, Canada has imposed economic sanctions against Russia pursuant to the Special Economic Measures (Russia) Regulations (“the Regulations”). The Regulations impose an asset freeze and dealings prohibition on designated persons, which include both individuals and entities. The Regulations also impose restrictions on the financial sector. Specifically, they prohibit dealings in certain types of debt and… Continue reading Canada Expands Economic Sanctions Against Russia
On 10 January 2019, the Tribunal of Bilcon v. Canada rendered its Award on Damages, following its Award on Jurisdiction and Liability rendered in 2015. In the Award on Jurisdiction and Liability, the majority found that Canada breached NAFTA’s Articles 1102 and 1105 for its review of the Claimants’ proposed construction of a quarry terminal in Nova Scotia. The Tribunal… Continue reading Close, But No Cigar: Bilcon Tribunal Rejects Claim on Grounds…
On 30 December 2018, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) entered into force among the first six countries to ratify the agreement: Australia, Canada, Japan, Mexico, New Zealand and Singapore. On 14 January 2019, the CPTPP entered into force for Vietnam. The first meeting of the Trans-Pacific Partnership Commission, the institution that oversees the… Continue reading And They’re off… CPTPP Commission Concludes its First Meeting
On 30th November 2018, Mexico, Canada and the United States signed the updated free trade agreement that will replace the North American Free Trade Agreement (the “NAFTA”, which is specifically referred to in the text of the new agreement as the “NAFTA 1994”). Unlike the NAFTA, the new agreement does not appear to have a uniform name… Continue reading Mexico, Canada and the United States sign the “T-MEC” (and…
On November 14th, the Government of Canada published in the Canada Gazette, Part II (Volume 152, number 23) a number of new regulations and regulatory amendments necessary to implement the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP). The CPTPP is expected to enter into force on 30th December for the six countries that have completed the formal ratification process, i.e., Australia,… Continue reading Canada Publishes New Regulations and Regulatory Amendments to Implement the…
On October 31st, Australia became the sixth country to formally ratify the the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) by providing written notice to the CPTPP Depository in New Zealand that its internal legal procedures to implement the Agreement are complete (see “Canada Ratifies the CETA — Is Australia Next”). Article 3 of the CPTPP provides that the Agreement shall… Continue reading Australia Makes Six, Triggering the Countdown to the CPTPP’s Entry…
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