Category Archives: Investment Disputes

Canada-Europe Trade Agreement and the Walloons

There was a most unfortunate development in October 2016 preventing the European side from approving the Canada-EU trade agreement, formally known as the Comprehensive Economic and Trade Agreement (CETA). On 24 October, tiny Wallonia refused to allow Belgium to agree to the CETA, resulting in a cancellation of the planned treaty signature the same week… Read More »

BC’s Non-Resident Home Purchase Taxes and International Trade

Comments have been made in some quarters about the recently-announced 15% tax imposed by the BC government on non-resident purchases of residential property to the effect the measure might offend Canada’s obligations under the NAFTA. These come as a surprise, since few would have thought that an internal measure like this would even remotely involve… Read More »

House of Commons Trade Committee – TPP Presentation

Lawrence Herman appeared before the House of Commons Trade Committee, at their request, on 5 May 2016, to present testimony on the Trans-Pacific Partnership Agreement (TPP). The following are notes from Mr. Herman tabled with the Committee. Lawrence L. Herman Notes for Presentation, 5 May 2016 Introduction The following are general comments on the TPPA… Read More »

Canada and Investment Disputes-Tallying the Numbers

Canada Pays Out The federal government just announced that it was paying Mobil Investments and Murphy Oil some $19 million to satisfy a decision of a NAFTA investment arbitration panel last year. The tribunal found that certain guidelines of the Canada-Newfoundland Offshore Petroleum Board were discriminatory and thereby breached Canada’s NAFTA obligations. Although the government… Read More »

Investor Arbitration – Unease Continues

Further to my post below (23 March 2015), there is growing concern in well-informed legal and public policy circles over the recent Bilcon v. Canada arbitration award under NAFTA Chapter 11. These concerns are fueling opposition to investor-State dispute settlement (ISDS) as constituted in the NAFTA and a wide array of other investment treaties, with… Read More »

Canada Loses Another Investment Dispute under NAFTA

A NAFTA arbitration panel has decided against Canada in a long-standing investment dispute over a large coastal quarry and marine project in Nova Scotia that had been turned down over environmental and social concerns (Clayton/Bilcon v. Canada). A majority of the panel said that Canada and Nova Scotia breached the minimum standard of treatment under… Read More »