Region: Canada

Arbitration clauses held inoperative under Canadian insolvency law

Canada’s insolvency legislation empowers courts to declare arbitration clauses inoperative if enforcing them would compromise a receivership and hurt creditors, the country's Supreme Court has ruled.

29 November 2022

Canadian mining company beats royalties claim in Chile

A Toronto-listed mining company says it has defeated a US$30 million royalties claim relating to a rare earth project in Chile.

03 November 2022

NAFTA panel rejects paper mill claim against Canada

A majority NAFTA panel has rejected a US$121 million claim against Canada brought by a US investor who said its paper mill business in Quebec unfairly suffered because of assistance granted to a rival operator in another province.

12 October 2022

Mexican utility liable in LCIA dispute over power plant

An LCIA tribunal has ordered Mexico’s state-owned electric utility to pay US$22 million to a consortium of Spanish construction companies for cost overruns at a power plant project – as details emerge of a separate award issued against the utility last year.

04 October 2022

Canada BIT award upheld at ICSID

A subsidiary of Russian-owned telecoms group Veon has failed to revive a US$1.8 billion investment treaty claim against Canada – while the state has also failed to partially annul the award.

03 October 2022

Indian airline funds unfrozen in Canada

A Quebec appeal court has unfrozen US$17 million in funds belonging to India’s national flag carrier, finding that the province’s civil code does not permit enforcement against a state-owned company merely because it is an “alter ego” of a debtor state.

22 September 2022

Quebec court maintains freeze on Indian assets

A Quebec court has refused to lift a freeze on US$37 million in funds owed to India’s airports authority, ruling it has no jurisdiction to declare that recent legislation preventing such seizures has retroactive effect.

14 September 2022

Wind investor pursues second claim against Canada

A US investor that won a NAFTA award against Canada six years ago over a freeze on offshore wind energy projects is pursuing a second treaty claim worth up to US$333 million, alleging its investment has now been completely destroyed.

13 September 2022

Vancouver arbitration centre introduces new rules

The Vancouver International Arbitration Centre has adopted new rules for commercial disputes, including provisions on expedited procedures and emergency relief.

16 August 2022

Paris court upholds billion-dollar award against Venezuela

The Paris Court of Appeal has at the second time of asking upheld a Canadian gold mining company’s US$1.7 billion investment treaty award against Venezuela, ruling a limitation period for bringing claims did not curtail the tribunal’s jurisdiction.

10 June 2022

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