Overview
Global Arbitration Review quoted Christophe Bondy in a November 26 article, titled "Canadian province prepares NAFTA claim," exploring the Canadian province of Alberta's intentions to bring investment arbitration against the US and its likelihood – in what could be the first case of its kind under the trade agreement. This move comes after the Biden administration was hit with a $15 billion NAFTA claim by the owner of a cancelled Keystone XL cross-border pipeline project.
Bondy, who previously led the Canadian government's defense team in NAFTA cases, was quoted on the likelihood of Alberta's government would have standing under NAFTA Chapter 11, and whether it should be considered an investor, saying "the definition of 'investor' actually expressly contemplates that one of the Parties (i.e. Canada, US, or Mexico) would have standing." He continued, this "signals the drafters of NAFTA contemplated that governmental investors as well as private investors could bring NAFTA chapter 11 claims."
Yet, Bondy cautioned the definition of investor under Chapter 11 "includes references to the three Parties themselves, and not to their sub-national entities, either provinces or US states" – raising doubts as to whether Alberta itself would have standing to bring a claim.
The full article can be read at Global Arbitration Review (subscription required).
