"Appeal Court Decides Standard of Review Arising from NAFTA Arbitral Awards," International Law Office, October 2011
Date:
October 25 2011
In this article, Soloman Lam comments on the decision released on October 4, 2011 by the Ontario Court of Appeal in Mexico v Cargill, Incorporated, 2011 ONCA 622. The court addressed the appropriate standard of review for jurisdictional challenges to North American Free Trade Agreement (NAFTA) Chapter 11 arbitral awards. The court rejected the view that a NAFTA arbitration tribunal is owed deference in interpreting its own jurisdiction. Instead, a NAFTA arbitration tribunal's interpretation and exercise of jurisdiction must be reviewed on a standard of correctness. The court was careful to note, however, that any jurisdictional challenge must be framed within the constraints of Article 34 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law.
Republished with permission from International Law Office.
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