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…

Close, But No Cigar: Bilcon Tribunal Rejects Claim on Grounds...

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…

Advancing a Progressive Trade Agenda Through Investment Agreements: Canada Launches...

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…

Leading Investor-State Arbitration Experts Join T&D

Tereposky & DeRose LLP is excited to announce that J. Cameron Mowatt, Alejandro Barragan and Yuri Perez are joining our firm. Cam is one of the most experienced defence counsel for investor-state claims, having acted as counsel, intervenor and advisor in over 30 investment treaty arbitrations with damages claims ranging from $20 million to $2.3… Continue reading Leading Investor-State Arbitration Experts Join T&D

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