February 21, 2010By: Cyndee Todgham Cherniak
It is embarrassing - Canada signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID or the Washington Convention) on December 15, 2006 and passed legislation granting...
Posted in Trade Law, Bilateral Investment Treaties (BITs)/ FIPAs, Canada, Investment Dispute Settlement, International Arbitration, Dispute Settlement, Free Trade Agreements, Government Relations, International Transactions | No Comments
June 02, 2009By: Cyndee Todgham Cherniak
Members of the public are invited to attend the hearing in a softwood lumber arbitration, London Court of International Arbitration (LCIA) case 91312 (whether Canada has cured the breach identified in LCIA 7941) that...
Posted in Trade Law, Agriculture, Government Relations, International Arbitration, Dispute Settlement | No Comments
May 16, 2009By: Cyndee Todgham Cherniak
On May 8, 2009, Canada's International Trade Minister, Stockwell Day, announced that Canada and the Czech Republic has signed an updated Foreign Investment Protection and Promotion Agreement (FIPA) (Canada's version of...
Posted in Trade Law, Bilateral Investment Treaties (BITs)/ FIPAs, Canada, European Economic Community, International Arbitration, Investment Dispute Settlement | No Comments
May 16, 2009By: Cyndee Todgham Cherniak
On May 8, 2009, Canada's International Trade Minister, Stockwell Day, announced that Canada and Romania has signed an updated Foreign Investment Protection and Promotion Agreement (FIPA) (Canada's version of a bilateral...
Posted in Trade Law, Canada, European Economic Community, International Arbitration, Investment Dispute Settlement, Bilateral Investment Treaties (BITs)/ FIPAs | No Comments
May 15, 2009By: Cyndee Todgham Cherniak
On May 15, 2009, Canada's National Post newspaper ran an article entitled "U.S. Climate bill would be 'disaster'". For a copy of the well-written article, please go to the following link -...
Posted in Canada, USA, NAFTA Dispute Settlement, International Arbitration, Investment Dispute Settlement, Free Trade Agreements, Global Compliance & Risk Management, Government Relations, Import Controls, International Environmental | No Comments
May 05, 2009By: Cyndee Todgham Cherniak
On may 5, 2009, Canada's International Trade Minister, Stockwell Day, announced that Canad and Latvia has signed an updated Foreign Investment Protection and Promotion Agreement (FIPA) (Canada's version of a bilateral investment...
Posted in Trade Law, Canada, European Economic Community, Bilateral Investment Treaties (BITs)/ FIPAs, Investment Dispute Settlement, International Arbitration, International Environmental | No Comments
April 23, 2009By: Cyndee Todgham Cherniak
On April 23, 2009, AbitibiBowater Inc. filed a notice of intent under the North American free-trade agreement accusing the Newfoundland and Labrador government of taking a “blatantly discriminatory” action when it passed...
Posted in Trade Law, Big Deals, Canada, Investment Dispute Settlement, International Arbitration, Government Relations | No Comments
April 07, 2009By: Cyndee Todgham Cherniak
On April 3, 2009, the new United States Trade Representative, Ron Kirk, rejected Canada's offer to make a government-to-government payment of $36.66 million (C$46.7 million) to the United States in response to the London Court of...
Posted in Canada, USA, Customs Duties, International Arbitration, Government Relations | No Comments
February 09, 2009By: Cyndee Todgham Cherniak
Canada and Madagascar concluded negotiations for a Foreign Investment Promotion and Protection Agreement (FIPA) in August 2008. This bilateral FIPA will enhance Canadian investors’ confidence when considering investment...
Posted in Trade Law, Canada, Bilateral Investment Treaties (BITs)/ FIPAs, International Arbitration, Investment Dispute Settlement | No Comments
February 03, 2009By: Cyndee Todgham Cherniak
During the 2008 U.S. Elections, Canadians and Mexicans learned via campaign rhetoric that President Obama wants to renegotiate NAFTA Chapter 11 due to the inclusion of the investor-to-State dispute settlement mechanism. If...
Posted in Trade Law, Bilateral Investment Treaties (BITs)/ FIPAs, Canada, Mexico, USA, International Arbitration, Investment Dispute Settlement, Free Trade Agreements, Government Procurement Bid Challenges, Government Relations | No Comments
November 26, 2008By: Cyndee Todgham Cherniak
The International Court of Arbitration (based in Paris, France) has opened its first Asian office in Hong Kong. The International Court of Arbitration is an institution for the resolution of commercial disputes. Hong Kong as a...
Posted in International Arbitration | No Comments
September 22, 2008By: Cyndee Todgham Cherniak
In August, 2008, a bid by a Canadian softwood lumber company, Tembec, to vacate a NAFTA Chapter 11 cost award was dismissed by a United States District Court. This was the second request by Tembec to the United States District...
Posted in Canada, USA, Bilateral Investment Treaties (BITs)/ FIPAs, NAFTA Developments, International Arbitration, Investment Dispute Settlement, NAFTA Dispute Settlement | No Comments
August 26, 2008By: Cyndee Todgham Cherniak
On August 26, 2008, Diane Francis of Canada's Financial Post wrote a great article "Investing in Russia? Plan to Lose" that should raise alarm bells for those investing in Russia. The posting may be found at...
Posted in Anti-Corruption - Foreign Corrupt Practices Act/Corruption of Foreign Public Officials, Bilateral Investment Treaties (BITs)/ FIPAs, Investment Dispute Settlement, International Arbitration, Foreign Investment Reviews, Government Relations, Global Compliance & Risk Management, International Transactions | No Comments
August 19, 2008By: Cyndee Todgham Cherniak
Today, the Government of Venezuela ordered the National Guard troops to seize control of cement plants owned by Mexico's Cemex SAB after failing to reach a deal on terms for nationalizing them. The Government moved to take...
Posted in International Arbitration, Bilateral Investment Treaties (BITs)/ FIPAs | No Comments
June 13, 2008By: Cyndee Todgham Cherniak
Trade Lawyers Blog reported on March 14, 2008 that Bill C-9 "An Act to Implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)" reached its final point in...
Posted in Canada, Bilateral Investment Treaties (BITs)/ FIPAs, International Arbitration, Dispute Settlement, Investment Dispute Settlement, NAFTA Dispute Settlement | No Comments
June 05, 2008By: Cyndee Todgham Cherniak
On June 4, 2008, the U.S. legislators took a dangerous turn when reaching a fork in the road. When presented with a choice of honoring the trade agreements that trading partners have negotiated in good faith, the U.S...
Posted in Canada, USA, WTO Developments, NAFTA Developments, Free Trade Agreements, Dispute Settlement, NAFTA Dispute Settlement, Investment Dispute Settlement, WTO Dispute Settlement, International Arbitration | No Comments