The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

international law


 

The Supreme Court’s Nevsun Decision Firmly Incorporates Customary International Law into Canadian Common Law in the Class Action Context

Can a Canadian company be held liable in Canada for breaches of International Law abroad? One of the Supreme Court of Canada’s most recent decisions definitively answers that question in ... [more] Full article

International arbitrations get deference on merits but not jurisdiction

The Ontario Court of Appeal shed new light on the standard of review for international arbitrations in United Mexican States v. Cargill, Inc. Courts must review an arbitral tribunal’s assumption of jurisdiction on a correctness standard. But the merits of the tribunal’s decision attract the utmost deference. The Court found that the NAFTA Chapter 11 Arbitral Tribunal under review correctly assumed its jurisdiction, upholding the Tribunal’s $77.3 million award against Mexico. [more] Full article