Arbitrations seated in Canada are regulated primarily by provincial rather than federal legislation. Each of Canada’s provinces, except for Quebec, has enacted legislation adopting the UNCITRAL Model Law. In Quebec, the Civil Code and Code of Civil Procedure are consistent with the UNCITRAL Model Law. In addition, each province has legislation to regulate domestic commercial […]
Aceris Successfully Resolves ICDR Arbitration for Canadian Respondent
Aceris Law has assisted another Canadian client in obtaining the successful resolution of an ICDR arbitration brought against it. The ICDR arbitration, initiated by a Fortune 500 American electronic commerce company against the Canadian respondent, concerned alleged illegal acts under U.S. federal law, alleged violations of Washington State law and claims of breach of contract. Following […]
Transparency in Investment Arbitration
Transparency in Investment Arbitration: Entry into Force of the Mauritius Convention On 18 April 2017, Switzerland became the third UN Member State to ratify the 2015 United Nations Convention on Transparency in Treaty-Based Investor-State Arbitration (“The Mauritius Convention”). The Mauritius Convention reaffirmed the 2014 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (UNCITRAL Rules) and […]
GRAND RIVER ENTERPRISES FIVE NATIONS LTD. ET AL. V. UNITED STATES OF AMERICA Award of 12 January 2011
In this NAFTA case, Claimants included Grand River Enterprises Six Nations, Ltd., a Canadian corporation involved in the manufacture and sale of tobacco products, Messrs. Jerry Montour and Kenneth Hill (Canadian nationals) and Mr. Arthur Montour, Jr., of Seneca Nations Territory, Perrysburg, New York. The Claimants filed arbitration claims against several States of the USA […]
VANNESSA VENTURES LTD. V. THE BOLIVARIAN REPUBLIC OF VENEZUELA (ICSID CASE NO ARB (AF)/04/6) – AWARD 16 January 2013
On 16 January 2013, an Arbitral Tribunal rendered an award dismissing all claims on the merits of the Canadian company Vanessa Ventures Ltd in relation to its investment in a mining project in Venezuela, under a bilateral investment treaty between Canada and Venezuela. At the beginning of the 1990’s, Placer Dome Inc (“PDI”) had contracted […]