Canada’s options for intervening in the Keystone XL CUSMA lawsuit: A briefing paper from the Trade and Investment Research Project
26 June 2023
For example, the European Union is seeking to withdraw from the Energy Charter Treaty (ECT), the largest investment treaty in the world, because it “is not aligned with the Paris Agreement, the EU Climate Law or the objectives of the European Green Deal.” TC Energy v. [...] position on jurisdiction in a submission to the TC Energy tribunal Both the NAFTA and CUSMA investment chapters allow non-disputing parties to file submissions to ISDS tribunals, at the jurisdiction and the merits stage, regarding interpretation of the treaty (NAFTA Art. [...] argument and its fundamental importance to the operation of the CUSMA, a no-show from Canada at this stage of the arbitration would signal to the tribunal that the U. [...] The consent under paragraph 1 and the submission of a claim to arbitration in accordance with Section B of Chapter 11 (Investment) of NAFTA 1994 and this Annex shall satisfy the requirements of: (a) Chapter II of the ICSID Convention (Jurisdiction of the Centre) and the ICSID Additional Facility Rules for written consent of the parties to the dispute; Canada’s options for intervening in the Keysto. [...] For the purposes of this Annex: (a) “legacy investment” means an investment of an investor of another Party in the territory of the Party established or acquired between January 1, 1994, and the date of termination of NAFTA 1994, and in existence on the date of entry into force of this Agreement; (b) “investment”, “investor”, and “Tribunal” have the meanings accorded in Chapter 11 (Investment) of.