NAFTA Chapter 11 Investor-State Disputes
to January 1, 2015
Compiled by Scott Sinclair, Trade and Investment Research Project, Canadian Centre for Policy Alternatives
and updated with the assistance of Hadrian Mertins-Kirkwood
CLAIMS AGAINST CANADA
Date
Complaint
Filed
1
March 4, 1996
Complaining
Investor
Signa SA
naf ta
Articles Cited
Art 1105 (minimum
standard of
treatment)
Art 1110
(expropriation and
compensation)
Art 1102 (national
treatment)
Art 1106 (performance
requirements)
Art 1110
(expropriation and
compensation)
Art 1102 (national
treatment)
Art 1105 (minimum
standards of
treatment)
Art 1106 (performance
requirements)
Art 1110
(expropriation and
compensation)
December 2,
1998
Sun Belt
Water Inc.
U.S. water firm challenges British
Columbia water protection legislation
and moratorium on exports of bulk
water from the province.
Art 1102 (national
treatment)
Art 1105 (minimum
standards of
treatment)
Art 1110
(expropriation and
compensation)
$10.5 billion
$20 million
$250 million
Amount
Claimed
($ us)
2
C AD $50
million
Issue
Mexican generic drug manufacturer
claims that Canadian Patent
Medicines’ “Notice of Compliance”
regulations deprived it of Canadian
sales for its drug ciprofloxacin
hydrochloride.
U.S. chemical company challenges
Canadian ban on import and inter-
provincial trade of gasoline additive
MMT, which auto-makers claim
interferes with automobile on-board
diagnostic systems. Manganese-based
MMT is also a suspected neurotoxin.
U.S. waste disposal firm challenges
temporary Canadian ban (Nov. 1995
to Feb. 1997) on export of toxic PCB
wastes.
Status
Notice of intent on March
4, 1996. Arbitration never
commenced. Notice withdrawn
by investor.
April 14, 1997
Ethyl
Corporation
After preliminary tribunal
judgments against Canada,
Canadian government repealed
the MMT ban, issued an
apology to the company and
settled out-of-court with Ethyl
for US $13 million.
Tribunal ruled that Canada
violated NAF TA articles 1102
(national treatment) and
1105 (minimum standards of
treatment). It awarded C AD
$6.05 million, plus interest in
compensation. Canada applied
to the federal court to set aside
the tribunal’s award. On Jan.
13, 2004 the court dismissed
Canada’s application.
Claim is inactive.
July 22, 1998
S.D. Myers
Inc.
1
nafta chap ter 11 investor-state disputes