[:en]In Canada (Attorney General) v. Clayton, 2018 FC 436, Madam Justice Anne L. Mactavish held that a NAFTA tribunal majority’s consideration of domestic law was either a factual finding or part of the factual matrix on which the majority considered the host state’s breach of customary international law. In considering the domestic legal framework and the host state’s non-compliance with that law as facts on which it could determine whether investors had received unequal treatment without justification, Mactavish J. held that the majority had stayed within the scope of the submission to arbitration and did not exceed its jurisdiction. Continue reading “[:en]Federal – court dismisses jurisdictional challenge to NAFTA tribunal majority’s consideration of domestic law – #067[:]”
[:en]Federal – Court of Appeal quashes garnishment attempt executing arbitral award against third parties – #013[:]
[:en]In a pair of decisions, the Federal Court of Appeal reminded litigants of the limits of enforcing arbitral awards. In Delizia Limited v. Nevsun Resources Ltd., 2017 FCA 187 and Delizia Limited v. Sunridge Gold Corp., 2017 FCA 188 the court upheld two corresponding lower court decisions, Nevsun Resources Ltd. v. Delizia Limited, 2016 FC 393 and Sunridge Gold Corp. v. Delizia Limited, 2016 FC 392, which overturned a Prothonotary’s order of garnishment against non-parties to the arbitration, Delizia Limited v. Eritrea, 2015 FC 33 and Delizia Limited v. Eritrea, 2015 FC 34, when doing so would require the court to pierce multiple corporate veils on the basis of the debtor’s control over them. Continue reading “[:en]Federal – Court of Appeal quashes garnishment attempt executing arbitral award against third parties – #013[:]”