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Allocation of costs joint order in Canfor v USA applies 'loser pays' rule in investment treaty arbitration

  • Herbert Smith Freehills LLP
  • -
  • Canada, USA
  • -
  • October 26 2007

As a result of the wide discretion given to tribunals under both the ICSID and the UNCITRAL rules, there are no precise principles governing the allocation of costs incurred during investment treaty arbitrations

International investment issues

  • Herbert Smith Freehills LLP
  • -
  • Canada, USA
  • -
  • July 18 2007

On 11 June 2007, a tribunal constituted under the investor-state dispute settlement procedures of NAFTA (North American Free Trade Area) Chapter 11 ruled 2-1 against the United Parcel Service of America (“UPS”) in its long-running arbitration against Canada