Canada ratifies ICSID, Finally

The Hon. David C. Dingwall, P.C., Q.C., ICD.D and Yonatan Lipetz (Former Articling Student)
Affleck Greene McMurtry LLP November 14th, 2013

On November 1, Canada ratified the World Bank’s ICSID Convention by depositing its “Instrument of Ratification” with the ICSID. In doing so, Canada is the last G8 member to ratify the Convention. Canada signed the Convention on December 15, 2006. Bill C-9 which was the implementing legislation, received Royal Assent on March 13, 2008. In a previous Litigator article, I wrote that the ratification of the Convention “has been a long time coming”, and lamented the lack of action by Canada in ratifying the Convention. In ratifying the Convention, the Canadian Government has finally allayed the concerns of Canadian businesses and ... [more] Full article

International arbitrations get deference on merits but not jurisdiction

Christopher Somerville
Affleck Greene McMurtry LLP November 15th, 2011

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

The International Centre for Settlement of Investment Disputes – Its Time Has Come

The Hon. David C. Dingwall, P.C., Q.C., ICD.D, ^[1]
Affleck Greene McMurtry LLP September 22nd, 2010

Canada’s ratification of the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the “Convention”) has been a long time coming. Since signing the Convention in ... [more] Full article

Investor-State Disputes Contributors

Christopher Somerville

Affleck Greene McMurtry LLP

Chris brings a creative, strategic, and practical approach to litigation. His wide-ranging experience and expertise encompass numerous areas of law, including corporate/commercial, securities, employment, construction, product liability, asset recovery, and administrative law. Chris has represented clients as lead counsel at the Ontario Superior Court of Justice, Court of Appeal for Ontario, and Ontario Securities Commission. Beyond Ontario courts and tribunals, Chris has advocated before the Canadian International Trade Tribunal, Canada Border Services Agency, and the Federal Court of Appeal. He is proud to have acted for national and international corporations, investment dealers and advisors, insurance companies, labour unions, charities, high-net-worth individuals, and working families. Chris is also honoured to be legal counsel for the Canadian Crime Stoppers Association and Ontario Association of Crime Stoppers. He has published on the subject of informer privilege in The Advocates’ Journal and has presented at the Canadian Institute’s Law of Policing Conference. Before private practice, Chris received the John Yaremko Award in Human Rights during law school at the University of Toronto. He also mooted in French at the Laskin constitutional and administrative law competition, and his team won First Place Pair and Second Place Factum.

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