Bloomberg reports: TransCanada Corp. is seeking to recoup $15 billion for the Obama administration’s rejection of the Keystone XL oil pipeline, in a legal claim that highlights how foreign companies can use trade deals to challenge U.S. policy. The Calgary-based pipeline operator filed papers late Friday seeking arbitration

The June 7 AB report in DS461, examining a Colombian import tariff imposed against Panama allegedly to combat money laundering, ends on a rather peculiar note. The AB 1.    confirmed that Colombia’s “compound tariff” prima facie violates GATT Art. II; 2.    reversed the Panel’s finding that the tariff

We all know how difficult it is to change or update the now more than 20 years old WTO treaty. What is true for substantive rules is also true for procedural, dispute settlement provisions. DSU reform requires consensus of all (162) WTO members. The formal DSU review process started almost

Anthea Roberts and Richard Braddock have a short Columbia FDI Perspectives piece that explains a procedure in the China - Australia FTA (ChAFTA) which allows the parties to the agreement to intervene when there is a dispute that involves public welfare regulation, in order to get the claim dismissed. Here&

Michael Punke and Tim Reif respond to an FT article about the Appellate Body reappointment controversy with a letter to the editor. I want to focus on their last paragraph, which is not about the Appellate Body: A quick note on the use of trade remedy laws, for which the

On August 25-26, 2016, Pluricourts will hold a conference in Oslo on "Adjudicating International Trade and Investment Disputes: Between Interaction and Isolation." The program is here. Here is more: This conference will focus on the relationship, interactions and comparisons between the international trade and investment regimes in the

This is from Libertarian VP candidate Bill Weld, and when he writes as "we" I am assuming he is speaking for Libertarian Presidential candidate Gary Johnson: Unlike the Republican or Democratic presidential nominees, we are committed to free trade and vigorously support the pending Trans-Pacific Partnership, which would

This is from the China - Publications Appellate Body report: 237. The United States expresses "some concerns" regarding the Panel's approach to analyzing the "necessity" of China's measures. The United States' concerns relate to a "two step" approach, allegedly

Here are some articulations of the FET standard in the Mesa NAFTA Chapter 11 award: The claimant: 484. ... For Mesa, Article 1105 consists of several components including the duty to act in good faith; fairness and reasonableness; treatment free from arbitrary conduct; transparency; protection against abuse of rights; procedural fairness;