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 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 14 August 2018, the Honourable Jim Carr, Minister of International Trade Diversification, announced the launch of a public consultation on Canada’s foreign investment promotion and protection agreements (FIPAs). This is Canada’s first formal update of its 2004 model FIPA, which is largely based on the North America Free Trade Agreement (NAFTA). Currently, Canada has… Continue reading Advancing a Progressive Trade Agenda Through Investment Agreements: Canada Launches…
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