Articles

About Articles The following articles are published by the International Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Margaret Kim

Today
Today

International Conflicts of Service

  • February 21, 2017
  • Stacey Hsu and Daniel Reisler

Xela Enterprises Ltd et al v Castillo et al is the leading case on how to serve a document on a party residing in a country that is not a signatory to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

International Law

Breathing Easier: Recent Investor-State Dispute Settlement Cases Prioritize Public Health Regulation over Tobacco Company’s Rights

  • November 21, 2016
  • James Rendell

In two recent international arbitration cases, Philip Morris challenged new cigarette packaging regulations in Australia and Uruguay that it argued violated certain bilateral investment treaties signed by the countries. The arbitral tribunals sided with the state in both cases. What does this mean for tobacco companies and state regulatory and legislative autonomy in the future? In this article, James Rendell discusses the two decisions in the context of changing regulatory environments.

Home Away From Home: Doing Business in The Bahamas

  • June 23, 2016
  • Chris Balkos

The Bahamas presents an opportunity for businesses to expand into new markets. It is a jurisdiction with easy access to major North America markets, no corporate tax, and legal standards similar to Canada’s. However, before in order to consider the opportunities and challenges of relocation, it is necessary to address the elephant in the room: the “Panama Papers" and surrounding issues.

International Law

Bringing International Human Rights Cases to Canadian Courts: A Program Summary

  • June 06, 2016
  • Bethanie Pascutto

On April 11, 2016, the OBA International Law section hosted a program featuring remarks from Alan Lenczner, founding partner at Lenczner Slaght Royce Smith Griffen LLP, Peter Jervis, senior counsel at Rochon Genova LLP and Luis Sarabia, senior partner at Davies Ward Phillips & Vineberg LLP. The session was moderated by Kim Bernhardt, principal at Bernhardt Arbitration and Mediation. This article provides an overview of some of the key points discussed and takeaways from this session.

International Law

There's No Place Like Home: CITT Rules Hotels Are Not Domestic Settings

  • April 11, 2016
  • Greg Kanargelidis and Zachary Silver

Greg Kanargelidis and Zachary Silver provide an analysis of the CITT decision in Stylus Sofas, in which the Tribunal considered whether certain furniture designed for use in hotels was intended for domestic purposes, and confirmed that the test to be applied is the intended use of the goods in issue, as opposed to their actual use. The case provides noteworthy lessons about the evidence that importers should maintain to establish intended use.

International Law

TTIP and Europe’s ISDS Dilemma

  • March 30, 2016
  • Catalin Tripon

It has been three years since the negotiations for the Trans-Atlantic Trade and Investment Partnership (TTIP) started and despite the optimism of official statements, there has been little progress on certain contentious issues between the EU and US. One of the main challenges is Investor-State Dispute Settlement (ISDS). This article provides an overview of the European position on ISDS and how it will affect the prospects for successful conclusion of TTIP.

International Law