TC Energy Corporation stated that it filed a notice of intent with the U.S. Department of State that it will make a claim against the U.S. under the North American Free Trade Agreement (NAFTA). The claim will be based on President Biden’s January 2021 revocation of TC Energy’s Keystone XL Pipeline permit.
NAFTA allowed for investors to seek arbitration against political states for certain mistreatment. See NAFTA at Chapter 11. That mistreatment could include a nation treating an investor of another nation less favorably than it treats its own investors (national mistreatment), treating an investor of another nation less favorably than an investor of a different nation (most-favored-nation mistreatment), not according an investor equal treatment under international law, or improperly expropriating an investment. See NAFTA at articles 1102, 1103, 1105, & 1110, respectively……
Read the complete story here.
This article was first published on the Arbitration Matters blog, here. In Petty v Niantic Inc., 2022 BCSC 1077, Justice Mayer stayed a proposed class action in favour of arbitration, except...
By James PlotkinThis article first appeared in the Securities Arbitration Alert Blog. As reported in SAA 2021-19 (May 20), the Supreme Court on May 17 denied Certiorari in Seldin v. Estate of...
By George FriedmanThis article first appeared on Engage Blog by Hogan Lovells, here. President Biden is expected to sign into law legislation that prohibits forced arbitration for sex harassment or sex assault...
By Ches Garrison