Canadian Law Comes Up Short For Foreign Investors: Study

Law360, New York (May 31, 2016, 5:08 PM EDT) -- More than half of the foreign investors who have brought claims against the Canadian government under the North American Free Trade Agreement would have no arguable remedy under Canadian law, according to a study released by a Canadian nonpartisan think tank on Friday.

Taking into consideration all 35 claims brought against Canada by investors under NAFTA Chapter 11, the study's authors found that two investors could have brought domestic claims for remedies equivalent to damages under NAFTA, and another three could have brought claims for partial damages. Two cases have arguable constitutional grounds to invalidate the regulations challenged by the NAFTA...

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