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
Yesterday afternoon, in an effort to further contain the spread of COVID-19, the Ontario and Quebec governments have ordered the mandatory closure of all no-essential workplaces effective as of tonight, March 24, at 11:59 p.m. In Ontario, this closure will be in effect for 14 days, with a possible extension as the situation evolves. In… Continue reading COVID-19 UPDATE: Mandatory Closure of All Non-Essential Workplaces in Certain…
The Canadian Government has issued a public call to all suppliers who can provide emergency goods or services needed to respond to COVID-19. A dedicated web page can be reviewed here: https://buyandsell.gc.ca/calling-all-suppliers-help-canada-combat-covid-19 (Notice: This URL address is intermittently yielding an error message). Given the importance of responding quickly to COVID-19, the Government’s central purchaser, Public Services and… Continue reading Combatting COVID-19 through Expedited Supply Contracts with Canada
While the full extent to which COVID-19 will affect global supply chains on which Canadian industries rely remains unknown, material disruptions are inevitable. In the near term, it is expected that the cost of supplies from outside Canada will increase. Limited transportation capacity, expedited freight costs, payment premiums to “buy up” the supply chain and… Continue reading COVID-19 and Supply Chain Disruption
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…
On January 29, 2020, Canada amended the list of designated persons under the Special Economic Measures (Ukraine) Regulations (“the Ukraine Regulations”) adding 6 individuals. As a result, Canada now imposes an asset freeze and dealings prohibition on 202 individuals under the updated Ukraine Regulations. Since entering into force on March 17, 2014, the Ukraine Regulations… Continue reading Canada Expands Economic Sanctions Against Ukraine
On Tuesday 10th December 2019, representatives of Canada, the United States, and Mexico signed a “Protocol of Amendment to the Agreement between Canada, the United States of America, and the United Mexican States” (the Protocol) in Mexico City. As its name suggests, the Protocol serves to amend certain provisions in the text of the Canada, United States,… Continue reading CUSMA Protocol Signed in Mexico City, Paving the Way for…
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
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…
On Wednesday 29th May 2019, the Honourable Chrystia Freeland, Canada’s Minister of Foreign Affairs, presented a “ways and means” motion to the House of Commons that paved the way for Prime Minister Justin Trudeau to introduce Bill C-100, “An Act to implement the Agreement between Canada, the United States of America and the United Mexican States” (the “CUSMA Implementation Act”),… Continue reading Legislation to Implement the CUSMA / USMCA / T-MEC Introduced…
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