Tag Archives: ISDS

Rescuing CETA – Yes, It’s Possible

The investor-State dispute settlement (ISDS) part of the CETA is the focus of Wallonia’s objections to the deal. We can actually solve that roadblock. ISDS was never a sine qua non for Canada. We replicated the NAFTA model (making some later improvements) without any real thought or analysis of whether the Canadian investment community saw ISDS as… 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 »

ISDS Redux: Canada Loses – But Very Little

It’s been reported that a NAFTA investment dispute panel has ordered Canada to pay $17 million in compensation to Exxon-Mobil and Murphy Oil due to changes to the  to the Canada-Newfoundland Offshore Petroleum Board Guidelines governing offshore oil and gas development on the continental shelf off Newfoundland and Labrador. The award isn’t public as yet, but… Read More »

Germany, Canada and Investment Protection – Another Look

The reported German rejection of Investor-State Dispute Settlement (ISDS) in the Canada-EU trade and investment agreement, while inexcusably late in the day, shouldn’t come as a total surprise. The July 26 Sueddeutsche Zeitung report simply articulates Germany’s growing distrust over these binding investment arbitration provisions, of particular German concern in the context of the EU-US… Read More »

Thoughts About Investment Agreements

There is growing debate about foreign investment protection agreements – what Canada calls “FIPAs”, the Americans call bilateral investment treaties or “BITs” and what others refer to simply as international investment agreements or “IIAs”. Acronyms abound. According to the UN Conference on Trade and Development, there are 3,200 of these around the world, proliferating in… Read More »