77 Bloor Street West
Toronto, Ontario M5S 1M2
Tel • (416) 966-8800
Fax • (416) 966-8801
800 Connecticut Avenue NW
Washington, DC 20006
Tel • (202) 293-0900
Fax • (202) 293-0988
20 March 2015
Bilcon wins NAFTA claim against Canada. NAFTA Tribunal finds Canada liable for unfair regulatory treatment caused by a environmental review process. A three person international tribunal found Canada’s joint review panel on the White’s Point Quarry failed to disclose the basis for its decision and also failed to allow Bilcon to address environmental concerns. The Panel found Canada responsible under NAFTA for the actions of the joint review panel, and they also found another NAFTA violoation as other review panels looking at similar quarry expansions provided better treatment to local Canadian applicants than the Whites Point Quarry Joint Review Panel provided to Bilcon.
A damages hearing is to follow. Damages claimed are not less than $300 million.
Download link to Bilcon Merits Majority Award: click here
Download link to Blicon Dissenting Award: click here
Download link to Bilcon Press Release: click here
Download link to Bilcon Press Backgrounder: click here
4 March 2015
Managing Partner Barry Appleton and International Law Associate Sean Stephenson will discuss a draft working paper to the New York International Economic Law working group entitled “The Awareness of Fairness:Are there Binding Ethical Standards for Investment Treaty Arbitrators?”. The discussion is part of an ongoing consideration of legitimacy and due process considerations arising in connection with international investment treaty arbitration.
24 October 2014
NAFTA Tribunal to commence week long public arbitration hearing in Mesa Power Group v. Canada. This hearing is being transmitted live to the public in a nearby designated viewing facility. Hearing Transcripts and video will be made available at a future date.
17 July 2014
A copy of the Reply Memorial in this NAFTA Arbitration has been released to the public. The Investor, Mesa Power Group, strongly supports public transparency in this NAFTA arbitration process. In the absence of timely public disclosure by Canada, Mesa Power has authorized the posting of copies of the Investor’s Reply Memorial on the internet.
Download link to the Investor’s Reply Memorial: click here
18 June 2014
The NAFTA Tribunal issues notice for public involvement by filing amicus curiae briefs in Mesa Power LLC v. Canada. There is a July 25, 2014 deadline for filings.
Information on the application process is set out in a notification on the Permanent Court of Arbitration website: click here
6 June 2014
Copies of the Memorial and Counter Memorial in this NAFTA Arbitration have been released to the public. The Investor, Mesa Power Group, strongly supports public transparency in this NAFTA arbitration process. In the absence of timely public disclosure by Canada, Mesa Power has authorized the posting of copies of the Investor’s Memorial and Canada’s Counter – Memorial on the internet.
Download link to the Investor’s Memorial: click here
Download link to Canada’s Counter-Memorial: click here
The Investor filed a Reply Memorial on April 30, 2014. A public version of the Reply Memorial will be made available to the public once Canada’s objections to the public release of certain information disclosed in the Investor’s Reply Memorial has been determined by the NAFTA Tribunal. This is expected to take place sometime in late June 2014. Canada is to file its final submissions on July 2, 2014 and public versions will be posted thereafter in due course.
11 April 2014
Barry Appleton co-moderates panel in Washington DC at Annual Meeting of the American Society of International Law about Systemic Integration of international law and the role of Article 30(3)(c) of the Vienna Convention on the law of Treaties.
22 October 2013
Appleton & Associates International Lawyers commences legal argument in the NAFTA arbitration in Bilcon et al. v. Canada. The case will be webcast live by the Permanent Court of Arbitration.
18 June 2013
Appleton & Associates International Lawyer’s Managing Partner, Barry Appleton, joins BNN anchor Andrew Bell on BNN Business Day to discuss the prospects for a Canada – EU Free Trade Agreement.
3 June 2013
Barry Appleton joins global trade law authorities at European University Institute WTO conference in Fiesole, Italy. Mr. Appleton was the guest commentator on three different panels all addressing the WTO’s Appellate Body’s recent groundbreaking decisions on the Technical Barriers to Trade Agreement.
4 April 2013
Barry Appleton joins international law scholars on a panel at the 107th Annual Meeting of the American Society of International Law in Washington DC. Mr. Appleton proposes new mechanisms to improve the process of investor-state arbitration.
17 February 2012
Managing Partner, Barry Appleton delivers a speech on "The Impact of International Trade Law on Suits Against the Crown" at the 8th Annual Conference on Crown Liability taking place at the Osgoode Professional Development Centre.
6 February 2012
Barry Appleton is a featured commentator at the NYU Investment Law Forum’s discussion on “EU Investment Policy Post-Lisbon: What a Future EU Investment Agreement Might Look Like and Other Contemporary Issues”, New York University School of Law.
Bilcon Releases its NAFTA Memorial to the Public
In a desire to increase public transparency in the NAFTA arbitration process, the Investors have made public their Memorial in this NAFTA claim.
Download link to Bilcon NAFTA Memorial: click here
St. Marys Cement files NAFTA Chapter 11 claim against the Government of Canada
Download link to Toronto Star article: click here
Mesa Power Group Files Legal Action Against Canadian Government for NAFTA Infractions
DALLAS, July 14, 2011 -- Mesa Power Group LLC, a Texas-based renewable energy development company, has initiated the first step in a legal claim against the Canadian government for violations of the North American Free Trade Agreement (NAFTA) while the company was pursuing 565 megawatts of wind energy projects in western Ontario.
In its filing, Mesa Power specifically noted Canada's failure to meet its international law obligations contained in NAFTA with respect to Ontario's Green Energy Act and subsequent Feed-In Tariff Program(FITP).
"Mesa Power was surprised by unanticipated and last-minute rule changes to the Ontario Power Authority process that allowed wind projects to move from one region to another and interconnect with long, high voltage transmission lines," said Cole Robertson, a company executive. "This clear favoritism disadvantaged Mesa, as well as other wind developers and clearly violates the spirit, goals and objectives of the North American Free Trade Agreement."
In its filing, Mesa Power cites a handful of other NAFTA violations by Ontario in the regulation of renewable energy. It also notes violations with the province's "buy local" contract requirements within the FITP and challenges the preferential treatment given to certain participants in the program, including Korean-based Samsung C&T.
Specific violations citedin the claim include:
- NAFTA Article 1105, by the provincial government directing the Ontario Power Authority to change the rules for awarding Power Purchase Agreements under the FIT Program.
- NAFTA Article 1106, by imposing a variety of prohibited Canadian and Ontario content requirements and "buy local" performance requirements.
- NAFTA Article 1102, by providing more favorable treatment to a domestic company in like circumstances.
- NAFTA Article 1103, by providing more favorable treatment to a non-NAFTA party in like circumstances.
"We believe our projects are among the most advanced wind projects in Ontario," Robertson said. "Our first two projects have completed their environmental studies, have a favorable position on existing transmission infrastructure and can be in operation by the end of next year. We also have a firm agreement to purchase wind turbines from a leading manufacturer and have selected an engineering and construction firm. These two strategic relationships would have quickly created jobs within the province. Other projects that received contracts under the disputed rules will take years to complete and will require extensive planning of new, expensive and unnecessarily long transmission lines."
Mesa Power expects to file a formal NAFTA Notice of Arbitration at any point after October 3, 2011. The filing of this second notice formally begins an international arbitration that will review the fairness and propriety of the government actions in Canada.
Managing Partner, Barry Appleton provided some insight to the future of Canada - EU free trade relations on CBC's Lang and O'Leary Exchange.
President Obama addressed the U.S. Chamber of Commerce on the U.S. economy and job market. Managing Partner Barry Appleton, along with other U.S. Chamber of Commerce Directors, were in attendance at the U.S. Chamber of Commerce in Washington D.C.
7 February 2011
Barry Appleton is a featured discussant at the NYU Investment Law Forum’s discussion on “Transparency in Investment Related Arbitration”, New York University School of Law.
31 January 2011
Managing Partner, Barry Appleton provides an “An Insider’s Guide to Davos” for the University of Toronto’s Munk Centre of Global Affairs.
13 January 2011
Barry Appleton speaks at the Vancouver Board of Trade's 22nd Annual Economic Outlook Forum on Canada-US Relations (Is The Party Over: What Canadians Need to Know About the New US Congress).
25-27 June 2010
Appleton & Associates International Lawyers has facilitated the loan of over forty works of original Canadian art so they can be displayed to the attendees at the Canadian venues for the G20 and G8 meetings in June 2010. The works display a broad range of Canadian Art. Artists featured include works by Kenojuak Ashevak, Annie Pootoogook, Jean-Paul Riopelle, Jutai Toonoo, Shuvinai Ashoona, David Ruben Piqtoukkun and Edward Burtynsky.
7 May 2010
Barry Appleton attends the 2010 International Law Conference hosted by the Canadian Bar Association to participate in the plenary discussing Canadian and American cross-border concerns and opportunities.
15 January 2010
As the Vancouver Board of Trade's Honorary Member and Special Representative in Washington, D.C., Barry Appleton gave a speech on Canada-US relations as well as reporting his observations from the Copenhagen summit at the Board's Annual Economic Outlook Conference.
To read a copy of the speech click here
11 January 2010
The Institute for International Law and Justice at New York University School of Law hosts the monthly NYU Investment Law Forum. Commentators include Barry Appleton of Appleton & Associates, Professor Joseph Weiler and Professor Rob Howse.