Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson

Canada STILL Has Not Ratified ICSID

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...

Softwood Lumber Arbitration Hearing Open to Public

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...

Canada Updates Foreign Investment Protection and Promotion Agreement with the Czech Republic

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...

Canada Updates Foreign Investment Promotion and Protection Agreement with Romania

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...

Canada's Environment Minister on U.S. Climate Change Bill

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 -...

Canada Updates Foreign Investment Protection and Promotion Agreement with Latvia

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...

Abitibi-Bowater Filed NAFTA Chapter 11 Notice of Intent

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...

Sadly the U.S. Misses Opportunity in Rejecting Canada's Softwood Lumber Settlement

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...

Canada Concluded Investment Treaty Negotiations with Madagascar

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...

Could Investors in the USA Take Over the "Buy America" Trade Wars?

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...

International Court of Arbitration Opens in Hong Kong

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...

Softwood Lumber Still in the Headlines

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...

Risky Business to Invest in Russia

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...

Venezuela Expropriates Cement Factories

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...

Canada Has Not Ratified ICSID Convention Yet

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...

U.S. Congress Tables Law to Review and Renegotiated Signed Free Trade Agreements

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...