Investor State Dispute Settlement | Tereposky & DeRose LLP

Mexico Defeats $80 Million ISDS Multi-Party and Multi-Treaty Arbitration Claim...

Tereposky & DeRose had the privilege of assisting the Secretaría de Economía represent Mexico in a multi-party and multi-treaty claim brought by six claimants under the NAFTA and Mexico’s investment treaties with Argentina, France and Portugal, seeking US$80 million plus interest and costs. In August 2020, Mexico successfully bifurcated the arbitration into a preliminary phase to address its jurisdictional… Continue reading Mexico Defeats $80 Million ISDS Multi-Party and Multi-Treaty Arbitration Claim…

US Telecommunications Investor Fails to Set Aside Award Dismissing NAFTA...

Tereposky & DeRose LLP recently had the privilege of representing The United Mexican States on instructions from La Secretaría de Economía in an investor-state set aside proceeding before the Ontario Superior Court of Justice. In short, Joshua Dean Nelson (the “Applicant”) and his business, Tele Fácil México SA De CV, failed to convince a Canadian… Continue reading US Telecommunications Investor Fails to Set Aside Award Dismissing NAFTA…

Canada Shines Light on US Solar Cell Tariffs by Initiating...

On December 22, 2020, the Government of Canada requested dispute settlement consultations with the United States under Chapter 31 of the Canada-United States-Mexico Agreement (CUSMA, which is also referred to as the USMCA in the United States and the T-MEC in Mexico) concerning the continued US safeguard tariffs on Canadian crystalline silicon photovoltaic cells, whether or not… Continue reading Canada Shines Light on US Solar Cell Tariffs by Initiating…

Who’s Milking the New NAFTA? USTR Challenges Canada’s Dairy Quotas...

In a statement issued on 9 December 2020, the U.S. Trade Representative (USTR) announced that the United States has made a formal request for consultations to address Canada’s import limits on a variety of dairy products. This request for dispute settlement consultations is the first enforcement action taken under the Canada-United States-Mexico Agreement (CUSMA), which entered into… Continue reading Who’s Milking the New NAFTA? USTR Challenges Canada’s Dairy Quotas…

Fifteen Countries Conclude the Regional Comprehensive Economic Partnership (RECP)

On Sunday 15 November, fifteen Indo-Pacific countries signed the text of the Regional Comprehensive Economic Partnership (RCEP), which is set to become the world’s single largest regional trade agreement to date. The parties to the RCEP include the members of the Association of Southeast Asian Nations (ASEAN) — Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and… Continue reading Fifteen Countries Conclude the Regional Comprehensive Economic Partnership (RECP)

Canada Publishes Its Interpretation of the CUSMA (USMCA)

On 22 August 2020, the Canadian Statement on Implementation of the Canada-United States-Mexico Agreement was published in the Canada Gazette, Part 1. The Statement sets out Canada’s interpretation of the CUSMA (which is called the USMCA by the United States and the T-MEC by Mexico). Its objective is to explain the basic rights and obligations in the CUSMA… Continue reading Canada Publishes Its Interpretation of the CUSMA (USMCA)

Mexico Defeats Half a Billion ISDS Arbitration Claim Under NAFTA

Tereposky & DeRose had the privilege of assisting the Secretaría de Economía represent Mexico in a claim seeking US$472 million plus interest and costs brought by a US national pursuant to Chapter 11 of the North American Free Trade Agreement (NAFTA). By award dated June 5, 2020, the UNCITRAL rules Tribunal in Joshua Dean Nelson v.… Continue reading Mexico Defeats Half a Billion ISDS Arbitration Claim Under NAFTA

The ICSID Convention 55 Years Later: Can Emerging Market Economies...

Next month, the International Center for the Settlement of Investment Disputes (“ICSID”) will celebrate the 55th anniversary of the opening for signature by States of the ICSID Convention. Since March 1965, of the 189 States who are automatically eligible to sign the Convention by way of their membership to the International Bank for Reconstruction and Development,… Continue reading The ICSID Convention 55 Years Later: Can Emerging Market Economies…

Third-Party Funding at the Heart of ISDS Reform

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

Security For Costs in Investment Treaty Arbitration: More Certainty Expected...

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…

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Tag: Investor State Dispute Settlement