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Dina Prokic (Woods LLP), Kiran Nasir Gore (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)
Release of the New Canadian FIPA Model: Reflections on International Investment and ISDS at a Crossroads
May 31, 2021

On May 13, 2021, after several years of public consultations, Global Affairs Canada released a new Foreign Investment Promotion and Protection Agreement Model (“2021 Model”). The prior iteration of…

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Augusto Garcia Sanjur
Born v. Born: The Battle of Scholarly Citations in the Canadian Supreme Court’s Uber v. Heller Decision
July 12, 2020

Most individuals with involvement in international arbitration—as a scholar, practitioner, arbitrator, or as a brave student participating in a moot competition—have cited Gary Born for some legal…

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Tina Cicchetti (Vancouver Arbitration Chambers & Arbitration Place), Alyssa King, Joshua Karton (Queen's University Faculty of Law)
The Supreme Court of Canada Charts a Safe Route between the Scylla and Charybdis of Hostility to Arbitration and Competence-Competence Absolutism
July 09, 2020

From practically the moment the Supreme Court of Canada’s (SCC) decision in Uber Technologies v Heller was released, commercial arbitration practitioners and scholars—including on this blog—have…

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Beryl Meng (Queen's University), Joshua Karton (Queen's University Faculty of Law)
“Major Milestones in Canadian Arbitration Law”: Highlights from the Canadian Journal of Commercial Arbitration’s Launch
July 02, 2020

With a feature presentation on “Major Milestones in Canadian Arbitration Law”, the Canadian Journal of Commercial Arbitration launched last week before an online audience of several hundred…

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Chris Kinnear Hunter (Lenczner Slaght Royce Smith Griffin LLP)
Supreme Court of Canada Deals Blow to Uber, Declares Arbitration Clauses Invalid as a Result of ‘Surge Pricing’
July 01, 2020

On June 26, 2020, the Supreme Court of Canada (“SCC”) released a decision with significant implications for international businesses by placing significant limits on the application of arbitration…

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Devin Bray (De Brauw Blackstone Westbroek), Jason Czerwiec (Three Crowns LLP)
The USMCA/CUSMA/T-MEC’s Entry into Force: SAVE THE DATE: July 1, 2023 - Canada is Out. Legacy Investors, Get Your Investment Claims In!
June 24, 2020

Amid global economic uncertainty, the years-long project of the United States-Mexico-Canada Agreement (“USMCA”) (also known as “the new-NAFTA” or “NAFTA 2.0”) has finally reached fruition. On March…

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Kiran Nasir Gore (Law Offices of Kiran N Gore PLLC; The George Washington University Law School), Esmé Shirlow (Australian National University)
The USMCA/CUSMA/T-MEC’s Entry into Force: Introducing a New Era in Regional ISDS with NAFTA 2.0
June 22, 2020

On July 1, 2020, the United States – Mexico – Canada Agreement (USMCA) will enter into force. Although the media widely refers to the treaty by its American name, USMCA, it also carries two other…

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Sujit Choudhry (Choudhry Law and WZB Berlin Social Science Centre)
Protecting Judicial Deference to Commercial Arbitration in Canada after Vavilov: Following the English Approach to Appeals on Questions of Law?
June 07, 2020

The Supreme Court of Canada’s recent decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 potentially poses an inadvertent, yet serious, threat to judicial deference…

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Niyati Ahuja (Steptoe & Johnson LLP) for Young ICCA
USMCA: An Analysis of the Proposed ISDS Mechanism
November 26, 2019

Introduction The United States, Mexico, and Canada renegotiated the 25-year-old North American Free Trade Agreement (NAFTA) in 2018. As a result of these renegotiations, the parties agreed on new…

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Dunniela Kaufman (Kaufman Trade Law)
The Canada-EU Interim Appeal Arbitration Agreement: A Hail Mary Pass, or the Panacea?
September 21, 2019

Introduction The World Trade Organization (the “WTO”) is at an inflection point. As global dynamics shift, members must consider whether the institution, as it is currently configured, has passed its…

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