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
April 16, 2008By: Cyndee Todgham Cherniak
Canada is becoming more engaged in international treaty negotiation and has recently announced that:
Canada and Tanzania;Canada and Mongolia;Canada and Madagascar;Canada and Indonesia; andCanada and Vietnam,
have agreed to...
Posted in Canada Law Blog, Trade Law, Canada, Bilateral Investment Treaties (BITs)/ FIPAs, Investment Dispute Settlement, International Arbitration | No Comments
April 15, 2008By: Cyndee Todgham Cherniak
Cnada is negotiating a Foreign Investment Promotion and Protection Agreement (FIPA) with Jordan. A FIPA is Canada's version of a bilateral investment treaty.
The report on the Initial Environmental Assessment has been...
Posted in Canada, International Arbitration, Investment Dispute Settlement, Bilateral Investment Treaties (BITs)/ FIPAs | No Comments
March 14, 2008By: Cyndee Todgham Cherniak
On March 14, 2008, 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 Canada's legislative process and...
Posted in Trade Law, Canada, Bilateral Investment Treaties (BITs)/ FIPAs, Dispute Settlement, International Arbitration, Investment Dispute Settlement, NAFTA Dispute Settlement, International Transactions, NAFTA Developments | No Comments
March 04, 2008By: Cyndee Todgham Cherniak
On March 4, 2008, the London Court of Arbitration (LCIA) issued its decision in the first case brought against Canada by the United States under the Softwood Lumber Agreement signed in 2006.
It is important to remember that it...
Posted in Trade Law, Canada, USA, International Arbitration, NAFTA Dispute Settlement, WTO Dispute Settlement, NAFTA Developments, Anti-Dumping, Countervailing Duties, WTO Developments | No Comments
February 29, 2008By: Cyndee Todgham Cherniak
Canada is one step closer to passage of Bill C-9 "An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)". On February 28, 2008, Bill C-9...
Posted in Trade Law, Bilateral Investment Treaties (BITs)/ FIPAs, Canada, Investment Dispute Settlement, International Arbitration | No Comments
January 31, 2008By: Cyndee Todgham Cherniak
Canada is one step closer to passage of Bill C-9 "An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)". On January 31, 2008, Bill C-9...
Posted in Trade Law, Canada, Dispute Settlement, International Arbitration, Investment Dispute Settlement, Free Trade Agreements | No Comments
January 29, 2008By: Cyndee Todgham Cherniak
On January 28, 2008, Canadian MPs went back to work at the House of Commons after a 6 week recess. One of the first matters was the tabling of Bill C-9 "an Act to implement the Convention on the Settlement of Investment...
Posted in Bilateral Investment Treaties (BITs)/ FIPAs, Canada, International Arbitration, Investment Dispute Settlement, Dispute Settlement, Free Trade Agreements | No Comments
January 09, 2008By: Cyndee Todgham Cherniak
Canada's Globe & Mail news service is reporting that the government on the Philippines has commenced an investigation into alleged bid rigging in connection with a solicitation to acquire six military heli9copters. The...
Posted in Dispute Settlement, International Arbitration, Investment Dispute Settlement, WTO Dispute Settlement, Government Procurement Bid Challenges | No Comments
December 19, 2007By: Cyndee Todgham Cherniak
The Canadian Parliament has adjourned until January 28, 2008 with Bill C-9 "An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)" still...
Posted in Trade Law, Canada, Bilateral Investment Treaties (BITs)/ FIPAs, Dispute Settlement, Government Relations, Investment Dispute Settlement, International Arbitration | No Comments
November 22, 2007By: Cyndee Todgham Cherniak
Canada has been slow to join the ranks of signatories to the International Centre for the Settlement of Investment Disputes (ICSID). There is a long list of developed, developing and least developed countries...
Posted in Trade Law, Canada, Investment Dispute Settlement, International Arbitration, Dispute Settlement, Global Compliance & Risk Management, Government Relations | No Comments
November 14, 2007By: Cyndee Todgham Cherniak
The news reports today are that President Chavez of Venezuela is stating that "whatever has been privatized can be taken back, we can take it back". The context is that President Chavez is demanding an apology from King...
Posted in Bilateral Investment Treaties (BITs)/ FIPAs, Global Compliance & Risk Management, Free Trade Agreements, Investment Dispute Settlement, International Arbitration | No Comments