TC Energy’s $15B Claim Against U.S. for Biden’s Revocation of Keystone XL Pipeline Permit

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.

Featured Arbitrators

ad
View all

Read these next

Category

Canada – Franchisor Addresses Uber Arbitration Agreement Flaws to Obtain Stay of Proceedings

This article was first published on Arbitration Matters, here. In Kang v Advanced Fresh Concepts Franchise Corp., 2021 BCPC 262, Small Claims Court Judge S. Archer granted a motion to stay...

By Lisa C. Munro
Category

Arbitration Conversation No. 45: Prof. Stephen Ware, Kansas University School of Law

In this episode of the Arbitration Conversation Amy interviews Stephen J. Ware, the Frank Edwards Tyler Distinguished Professor of Law at the Kansas University School of Law. https://youtu.be/efCM0NMkpYc

By Stephen Ware, Amy Schmitz
Category

In the Crosshairs: U.S. Congress Again Takes Aim at Arbitration Agreements in Employment Context

In the U.S. Congress’ latest proposal to strike against arbitration, Judiciary Committee Chairman Jerrold Nadler and Labor Committee Chairman Robert C. “Bobby” Scott introduced the Restoring Justice for Workers Act.  The...

By John Schaffer, Marla Presley

Find an Arbitrator

X
X
X