Archive for the ‘international investment’ Category

PCA Tribunal ‘Benchslaps’ Ecuador in Ongoing Chevron-Lago Agrio Dispute

February 8, 2013

Slap-in-the-face-300x226

An interesting development in the Lago Agrio/Chevron litigation battle , which was the subject of my  Guest Post: Comments on the Lago Agrio Plaintiffs Enforcement Action in Canada at Ted Folkman’s Letters Blogatory.

Via the Juicio Crudo Blog (original in Spanish):

 An international arbitration court yesterday issued a ruling in which it concludes that the Republic of Ecuador has violated previous interim awards of the same court authorized under international law and a treaty between the United States and Ecuador to not attempt to prevent the execution of a sentence of 19,000 million against Chevron Corp. (NYSE: CVX). In previous decisions, the court warned that if the arbitration Chevron ended imposing “any loss arising from the implementation (of the judgment) would be losses for which (the Republic) would be responsible (with Chevron) under international law.”

Convened under the authority of the Bilateral Investment Treaty (BIT, according to its acronym in English) between the United States and Ecuador, and administered by the Permanent Court of Arbitration at The Hague, the tribunal found that Ecuador breached previous court rulings and ordered to explain why the Republic should not be ordered to pay compensation to Chevron for all damages resulting from attempts by plaintiffs to enforce a judgment arising out of an environmental lawsuit against the company in Lago Agrio, Ecuador. (more…)

Thiago B. Jardim Oliveira on The Authority of Domestic Courts in Adjudicating International Investment Disputes

September 28, 2012

Thiago B. Jardim Oliveira (University of Geneva – Department of Public International Law; Graduate Institute of International and Development Studies (HEI)) has posted a working paper entitled “The Authority of Domestic Courts in Adjudicating International Investment Disputes: Beyond the Distinction between Treaty and Contract Claims”. The abstract reads:

While it is widely acknowledged that international tribunals may, depending on their jurisdictional entitlements, entertain treaty claims as well as claims arising out of breaches of contract, the exercise of jurisdiction by domestic courts has generally been deemed to be limited to matters of national law. What is more, domestic adjudication has generally been considered without consequence for the outcome of a number of international proceedings. However, is deference to international dispute settlement mechanisms really compatible with dispute settlement clauses contained in investment treaties and contractual agreements that foresee a role to be played by domestic courts? The answer attempted by this paper is in the negative. On the one hand, the identity of a legal dispute within the jurisdiction of different forums is not dependent on the cause of action that might be invoked, nor is the distinction between contract claims and treaty claims one that necessarily justifies the existence of two wholly separate layers of legal obligations. This may be illustrated through an assessment of how international jurisdictional entitlements exist and interact with specific dispute settlement clauses contained in contracts and treaties. On the other hand, where a distinction based on the causes of action might exist, municipal courts that deal strictly with matters of domestic law ought not to be deprived of influence on the outcome of international proceedings. In this regard, an analysis of the consequences for international tribunals of adjudication by municipal courts over derivative claims and investment disputes in general will be of avail.

Download a copy of the working paper at SSRN here.

 

 

Ontario Bar Association-International Law Section: Announcement and Upcoming Programs

September 7, 2012

i will drink to that (opps wrong bar)

I am pleased to announce that I am the new Chair of the Ontario Bar Association (OBA) – International Law Section.

I look forward to working with my colleague and Vice-Chair, Orlando Silva (Commercial Counsel – Specializing in Export Controls, Customs and International Trade Matters at Research in Motion) and my fellow Section Executives in keeping OBA members updated on current developments in various areas of international law.

Membership in the OBA International Law Section is open to any members of the Canadian Bar Association. If you want to find out more about the OBA International Law Section, please follow this link.

The OBA International Law Section enlists international law experts as speakers to provide timely and authoritative continuing legal education programs (many of which are accredited by the Law Society of Upper Canada). The following programs in September 2012 may be of particular interest:

International Law: The Controlled Goods Program Enhanced Security Strategy:“A Higher Fence around a Smaller Yard”

|Thursday, September 13, 2012 

Date: Thursday, September 13, 2012
Agenda: 12:00 pm Registration & Lunch 12:30 pm – 2:00 pm Program followed by Q & A
Location: Twenty Toronto Street Conferences and Events (OBA Conference Centre) 20 Toronto Street, 2nd Floor | Toronto, ON | M5C 2B8
1.5 Substantive Hours 0 Professionalism Hours Note: New members may apply any program that contains a minimum of 0.5 Professionalism Hours toward the annual CPD requirement.

REGISTER FOR LIVE PROGRAM | REGISTER FOR LIVE WEBCAST


Transfer Pricing in the NAFTA Zone – The Interaction of Income Tax and Customs Principles

|Wednesday, September 19 

Date: Wednesday, September 19, 2012
Agenda: 12:00 pm Registration & Lunch 12:30 pm – 2:00 pm Program followed by Q & A
Location: Twenty Toronto Street Conferences and Events (OBA Conference Centre) 20 Toronto Street, 2nd Floor | Toronto, ON | M5C 2B8
1.5 Substantive Hours 0 Professionalism Hours Note: New members may apply any program that contains a minimum of 0.5 Professionalism Hours toward the annual CPD requirement.

REGISTER FOR LIVE PROGRAM | REGISTER FOR LIVE WEBCAST


2012 U.S. Presidential Election-Impact on International Law and International Lawyers

| Wednesday, September 12

Date: Wednesday, September 12, 2012
Agenda: 11:30 am Annual Meeting and Election of ILS Officers and Council for 2012-2013 12:30 pm – Program
Location: The Detroit Yacht Club One Riverbank Road Belle Isle, Detroit MI 48207-4377
1 Substantive Hours 0 Professionalism Hours Note: New members may apply any program that contains a minimum of 0.5 Professionalism Hours toward the annual CPD requirement.

‘This is a joint program with the Ontario Bar Association’s International Law Section and the Michigan State Bar. Three panelists address the state of the law under the current Obama Administration and potential changes in a 2nd Obama or 1st Romney Administration respecting Immigration, International Trade and the U.S. FCPA, U.K. Bribery Act and Money Laundering enforcement. Also, we have invited the Executive Director of the State Bar of Michigan to address our section. Spend the afternoon with your State Bar of Michigan International Law Section colleagues, highly qualified presenters, business and government leaders active in international matters.

The program is free. RSVP by contacting me at ogletreeaaron@aol.com

UPDATED: Only parties with standing may challenge enforcement and execution of a foreign arbitral award, Ontario court rules

August 9, 2012
English: Administrative divisions of Kyrgyz Re...

English: Administrative divisions of Kyrgyz Republic (Photo credit: Wikipedia)

The Ontario decision in Sistem Mühendislik İnşaat Sanayi Ve Ticaret Anonim Sirketi v. Kyrgyz Republic2012 ONSC 4351 (CanLII) [“Kyrgyz Republic”] confirms that only parties with standing may challenge enforcement and execution of a foreign arbitral award in Ontario. (more…)

Supreme Court of Canada denies leave to appeal in Mexico v. Cargill, Incorporated

May 10, 2012

A North American Free Trade Agreement (NAFTA) ...

I previously blogged about the the Court of Appeal for Ontario decision in Mexico v. Cargill, Incorporated2011 ONCA 622 which held that the standard of review from a NAFTA trade tribunal arbitral decision is correctness.

Today, the Supreme Court of Canada denied the application for leave to appeal filed by the United Mexican States:

“United Mexican States v. Cargill, Incorporated (Ont.) (Civil) (By Leave) (34559)

(The application for leave to appeal is dismissed with costs to the respondent. /

La demande d’autorisation d’appel est rejetée avec dépens en faveur de l’intimée.)

Coram: Deschamps / Fish / Karakatsanis”


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