United Parcel Service of America Inc. v. Government of Canada

Abstract

Jurisdiction — Claims brought by investor — NAFTA Article 1116(1)(b) — Limitations on investor—State disputes — NAFTA Article 1502(3)(a) — Relationship between NAFTA Chapter 11 and Chapter 15 — Section A of NAFTA Chapter 11 — Claims concerning actions of monopolies

Jurisdiction — Minimum standard of treatment — NAFTA Article 1105 — Obligation to accord fair and equitable treatment — Customary international law — No rule of customary international law prohibiting anticompetitive behaviour — Uncompetitive and unfair conduct of monopoly — Government’s failure to supervise or exercise control over monopoly — Interpretation of NAFTA Free Trade Commission

Jurisdiction — National treatment — “Cultural industries” exemption — “Subsidies” exemption — Insufficient evidence to decide on jurisdiction

Jurisdiction — Minimum requirements of pleading — Essential elements of claim — Whether Amended Statement of Claim adequately giving notice to Canada of essential elements of claim — Whether enabling Canada to formulate statement of defence