Canada ratifies ICSID, Finally
On November 1, Canada ratified the World Bank’s ICSID Convention by depositing its “Instrument of Ratification” with the ICSID. In doing so, Canada is the last G8 member to ratify the Convention. Canada signed the Convention on December 15, 2006. Bill C-9 which was the implementing legislation, received Royal Assent on March 13, 2008. In a previous Litigator article, I wrote that the ratification of the Convention “has been a long time coming”, and lamented the lack of action by Canada in ratifying the Convention. In ratifying the Convention, the Canadian Government has finally allayed the concerns of Canadian businesses and ... [more] Full article
International arbitrations get deference on merits but not jurisdiction
The Ontario Court of Appeal shed new light on the standard of review for international arbitrations in United Mexican States v. Cargill, Inc. Courts must review an arbitral tribunal’s assumption of jurisdiction on a correctness standard. But the merits of the tribunal’s decision attract the utmost deference. The Court found that the NAFTA Chapter 11 Arbitral Tribunal under review correctly assumed its jurisdiction, upholding the Tribunal’s $77.3 million award against Mexico. [more] Full article
The International Centre for Settlement of Investment Disputes – Its Time Has Come
Canada’s ratification of the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the “Convention”) has been a long time coming. Since signing the Convention in ... [more] Full article
