Canadian Cattlemen for Fair Trade, et al. v. United States of America - Chapter 11 - Investment Arbitration Decisions

Noah Rubins is a Partner in the Paris office of Freshfields, where he is a member of the international arbitration and public international law groups. Mr. Rubins is a U.S. qualified lawyer and has advised and represented clients in arbitrations under ICSID, ICC, ICDR, SCC and UNCITRAL rules. He specializes in disputes in the former Soviet Union and investment treaty arbitration. In addition to advising clients, Mr. Rubins has served as arbitrator in a range of disputes, conducted under the ICC, ICSID, LCIA, SCC and UNCITRAL rules.

Observations by:

Jean-François Hébert, D.C.L. Candidate, Faculty of Law, McGill University.

PDF234.16 KB

$40.00

Description:

Originally from Investment Arbitration Decisions

CANADIAN CATTLEMEN FOR FAIR TRADE, ET AL, v. THE UNITED STATES OF AMERICA UNCITRAL ARBITRAL AWARD ON JURISDICTION RENDERED ON 28 JANUARY 2008 IN WASHINGTON, D.C., U.S.

Subject-matters:
Jurisdiction of Tribunal to hear a claim brought under Chapter Eleven of the NAFTA (North American Free Trade Agreement). Territorial location requirement for protected investments and investors. and consequently whether the Claimants are “investors” in the meaning of the treaty.

Findings:
(a) An “investor” is a person of one NAFTA Party making investments in another NAFTA Party (i.e. foreign investments);
(b) purely domestic investments do not fall within the scope of Chapter Eleven of the NAFTA;
(c) all of the Canadian Claimants’ investments at issue are located in Canada and the Claimants do not seek to make, are not making, and have not made any investments in the U.S. They do therefore do not qualify as “investors” for the purposes of these claims;
(d) the arbitral tribunal does not have jurisdiction under Chapter Eleven of the NAFTA.

Table of Contents:

XI. Canadian Cattlemen for Fair Trade, et al. v. United States of America 867

UNCITRAL Arbitral Award on Jurisdiction

Rendered in Washington, D.C., U.S. on 28 January 2008

SUBJECT- MATTER:

Jurisdiction of Tribunal to hear a claim brought under Chapter Eleven of the NAFTA (North American Free Trade Agreement). Territorial location requirement for protected investments and investors.

Observations by Jean-François Hébert