Mercer International Inc v Government of Canada - ICSID Case No. ARB(AF)/12/3 - Award of the Tribunal - 6 March 2018
Country
Year
2018
Summary
Reproduced from www.worldbank.org/icsid with permission of ICSID. (Document, does not apply to summary and/or TDM IACL Case Report below).
Case Report (free download)
Case Report by Shahmeer Naveed Arshad, Editor: Diego Luis Alonso Massa
Summary
Claimant brought an action for relief against Canada pursuant to North American Free Trade Agreement ('NAFTA) alleging that Canada breached, inter alia, national treatment, most-favoured nation treatment and minimum standard of treatment provisions in NAFTA in relation to its investment in a pulp factory plant located in British Columbia, Canada. The Tribunal considered jurisdictional objections of Canada on whether the claims were time-barred and also considered whether Canada's conduct was discriminatory or unfair.
Main issues
the scope of time limits under Articles 1116 and 1117 of NAFTA, the meaning of discriminatory treatment under Articles 1102, 1103 and 1503(2) of NAFTA, the application of public procurement exception in Article 1108(7).
Case report provided by International Arbitration Case Law (IACL)
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