Canada will oppose any effort to change the investor-state dispute resolution system in the North American Free Trade Agreement, sources tell the Washington Examiner
The Bilcon tribunal ruling raises a number of concerns about the ability of investor protection tribunals to properly assess whether a foreign investor has been treated fairly under a domestic environmental assessment process.
This past month, eighteen Aymara community leaders endured the final stages of a trial that had them facing up to 28 years in prison and massive fines for their alleged roles in the 2011 ‘Aymarazo’ protests against the Santa Ana silver mine on the Peru-Bolivia border.
La minera canadiense Crystallex ganó en una corte estadounidense una medida que prohíbe a la empresa china Haitong International Securities Group transfiera activos propiedad de Venezuela.
Canadian miner Crystallex has won U.S. court approval to bar China’s Haitong International Securities Group Ltd from transferring securities owned by Venezuela, in a move to recoup damages from an expropriation by the OPEC nation.
The cool reasoning of the Canadian Supreme Court does not acknowledge or reference “external” pressures or the Eli Lilly v. Canada ISDS case. However, courts do not decide cases in a vacuum. This case seems to have been decided in a pressure cooker.
With Gabriel Resources seeking US$4.4 billion in damages, Alburnus Maior, a prospective amicus curiae in the arbitration case, announces that it aims to file its brief to the ICSID Tribunal until September 2018 at the latest.