Feldman and Deference
Article from: TDM 3 (2004), in Investor-State Disputes - International Investment Law
The Ontario Superior Court Judge Chilcott issued a decision denying an application for judicial review of the NAFTA Chapter 11 Award in Feldman v Mexico , under Ontario's arbitration statute (which is based upon the UNCITRAL Model Law). Years ago (before British Columbia Superior Court) Judge Tysoe caused considerable turmoil in the Canadian arbitral community by partially annuling the Award in Metalclad v Mexico . The Feldman Tribunal designated Ottawa, Ontario as the place of arbitration for its award. Accordingly, when Mexico was ordered to pay a small amount of ...