NAFTA tribunal rejects UPS investment claims against Canada | Practical Law

NAFTA tribunal rejects UPS investment claims against Canada | Practical Law

The tribunal in the long running North American Free Trade Agreement (NAFTA) arbitration between United Parcel Service of America (UPS) and the Government of Canada (Canada) issued its majority award on 11 June 2007, dismissing all of UPS' claims. The tribunal comprised Judge Kenneth Keith (President), Yves Fortier QC, and Dean Ronald A Cass.

NAFTA tribunal rejects UPS investment claims against Canada

Practical Law UK Legal Update 2-368-8996 (Approx. 3 pages)

NAFTA tribunal rejects UPS investment claims against Canada

by PLC Dispute Resolution
Published on 21 Jun 2007International, USA (National/Federal)
The tribunal in the long running North American Free Trade Agreement (NAFTA) arbitration between United Parcel Service of America (UPS) and the Government of Canada (Canada) issued its majority award on 11 June 2007, dismissing all of UPS' claims. The tribunal comprised Judge Kenneth Keith (President), Yves Fortier QC, and Dean Ronald A Cass.
UPS had alleged various breaches of NAFTA Chapter 11 obligations by Canada relating to the activities of its agent, Canada Post Corporation which it alleged were in breach of Canada's NAFTA treatment obligations owed to foreign investors.
UPS' claims against Canada had included its failure to provide UPS with the best treatment available to domestic investors (article 1102), failure to accord UPS most favoured nation treatment (article 1103), failure to accord UPS the better of national or most favoured nation treatment (article 1104) and failure to accord UPS treatment in accordance with international law, including security and protection (article 1105). UPS had also claimed a breach of the competition provisions of Chapter 15 of NAFTA (articles 1502(3)(a) and 1503(2)), in that Canada had allowed its agent, Canada Post, to engage in unfair competition.
A lengthy dissenting opinion, however, was issued by Dean Ronald Cass, who found that Canada had violated its obligations under article 1102, and under articles 1502(3)(a) and 1503(2).
A detailed report is now available, see Legal update, UPS investment claims against Canada rejected by NAFTA tribunal.