Chemtura Corporation (formerly Crompton Corporation) v. Government of Canada

The PCA provided administrative support in this arbitration, which was conducted under Chapter Eleven of the North American Free Trade Agreement (NAFTA). The Claimant, a United States manufacturer of agricultural pesticide products, alleged that a ban on the use of chemical lindane in pesticides, imposed by the Government of Canada through its Pest Management Regulatory Agency, wrongfully terminated its related investments. The Claimant alleged that this ban violated its rights under NAFTA Articles 1105 (minimum standard of treatment) and 1110 (expropriation). The Tribunal found that the regulatory process leading to the ban was fair and that the ban itself was reasonable. Further, the Tribunal determined that the measures did not amount to an expropriation, as the Claimant had not been substantially deprived of its investment. The Tribunal dismissed the claim.


Case information

Name(s) of Claimant(s) Chemtura Corporation (formerly Crompton Corporation) (Private entity )
Name(s) of Respondent(s) The Government of Canada (State)
Names of Parties -
Case number 2008-01
Administering institution Permanent Court of Arbitration (PCA)
Case status Concluded
Type of case Investment arbitration
Subject matter or economic sector Agriculture, forestry and fishing
Rules used in arbitral proceedings UNCITRAL Arbitration Rules 1976
Treaty or contract under which proceedings were commenced NAFTA (Multilateral treaty)
Language of Proceeding English
Seat of Arbitration (by Country) Canada
Arbitrator(s)

Professor Gabrielle Kaufmann-Kohler

The Honorable Charles N. Brower

Professor James R. Crawford SC

Representatives of the Claimant(s)

Mr. Gregory O. Somers, Ogilvy Renault LLP

Mr. Paul Conlin, Ogilvy Renault LLP

Mr. Benjamin P. Bedard, Ogilvy Renault LLP

Ms. Alison FitzGerald, Ogilvy Renault LLP

Ms. Renée Thériault, Ogilvy Renault LLP

Representatives of the Respondent(s)

Ms. Meg Kinear, Counsel, Trade Law Bureau, Government of Canada (until December 8, 2008)

Mr. Christophe Douaire de Bondy, Counsel, Trade Law Bureau, Government of Canada

Ms. Carolyn Elliott-Magwood, Counsel, Trade Law Bureau, Government of Canada

Ms. Anne Kelly, Counsel, Trade Law Bureau, Government of Canada

Representatives of the Parties
Number of Arbitrators in case 3
Date of commencement of proceeding 21 January 2008
Date of issue of final award 02 August 2010
Length of Proceedings 2-3 years
Additional notes -

Attachments

Award or other decision
Award

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