UNCITRAL ARBITRAL AWARD ON JURISDICTION MADE ON 28 JANUARY, 2008 IN WASHINGTON, Canadian Cattlemen for Fair Trade vs. United States of America - Stockholm International Arbitration Review (SIAR) 2008 No. 1
UNCITRAL ARBITRAL AWARD ON JURISDICTION MADE ON 28 JANUARY, 2008 IN WASHINGTON Canadian Cattlemen for Fair Trade vs. United States of America
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.
(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.
Claimants: Canadian Cattlemen for Fair Trade et al. (multiparty)
Represented by: Michael G. Woods, Martha L. Harrison, Rajeev Sharma, Heenan Blaikie LLP;
Professor Todd Grierson-Weiler; Alan S. Alexanderdroff, Alan S. Alexanderdroff, David R. Haigh, Q.C., Burnet Duckworth & Palmer LLP
Respondent: United States of America
Represented by: Andrea J. Menaker, Chief of NAFTA Arbitration Division, Office of International Claims and Investment Disputes, Kenneth J. Benes, Jennifer Thornton, Heather van Slooten, Mark Feldman, Jeremy Sharpe, Attorney-Advisers, Office of International Claims and Investment Disputes, Office of Legal Adviser, U.S.