Canadian Court Set-aside Proceedings

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Canadian Court Set-aside Proceedings

United States Statement in Canadian Court Set-aside Proceedings: Cargill v United Mexican States in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On January 31, 2011, the United States submitted a brief as intervenor in an appeal brought by Mexico in the Court of Appeal for Ontario, Canada. The appeal arose from a lower court decision denying Mexico's request to set aside a NAFTA information on Trade, Commercial Relations, Investment, Transportation in this legal Encyclopedia award made in favor of Cargill, Inc. Mexico asserted that the NAFTA tribunal erred in awarding damages to Cargill for losses incurred by its U.S. production business in the form of lost sales to its Mexican subsidiary. The United States submitted that the Canadian courts should recognize that the scope of damages in a NAFTA information on Trade, Commercial Relations, Investment, Transportation in this legal Encyclopedia case is limited by NAFTA Articles 1101, 1116 and 1139 to losses sustained by the claimant in its capacity as “investor,” that is, in seeking to make, making, or having made an “investment”—as that term is defined in NAFTA Article 1139—in the respondent State's territory. As evidence of subsequent practice by the parties under the Vienna Convention on the Law of Treaties demonstrating this understanding, the U.S. pointed to several previous submissions by each of the three NAFTA Parties recognizing this limit on the scope of damages. The full text of the U.S. submission is available at (internet link) state.gov/documents/organization/156082.pdf.

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See Also

  • Trade
  • Commercial Relations
  • Investment
  • Transportation
  • North American Free Trade Agreement
  • Investment Dispute Settlements
  • United States
  • Canada
  • Mexico

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