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NAFTA - Chapter 11 - Investment

Cases Filed Against the Government of Canada

GL Farms LLC and Carl Adams v. Government of Canada

Claimant

The investors are GL Farms LLC (GLF), a company incorporated under the laws of the State of Delaware, and Carl Adams (U.S. Citizen), President of GL Farms LLC. GLF, through its Canadian subsidiaries, sells milk and milk products for export to the United States, which entails the collection, sales, transport and distribution of dairy products in Ontario.

Articles

  • 1102 (National Treatment)
  • 1105 (Minimum Standard of Treatment)
  • 1110 (Expropriation)
  • 1502 (Monopolies and State Enterprises)

Damages claimed

$78 million USD.

Arbitration Rules

UNCITRAL

Summary

Procedural history

The Claimants filed a Notice of Intent to Submit a Claim to Arbitration on February 28, 2006 and a Notice of Arbitration on June 5, 2006. A tribunal has not been constituted to settle the dispute.

Factual overview and nature of the claim

GL Farms LLC, a company incorporated under the laws of the State of Delaware, and Carl Adams, a national of the United States and President of GL Farms LLC, alleged that measures taken by the Ontario Government and the Dairy Farmers of Ontario, prohibiting the marketing and production of milk by non-quota milk producers for export, violated Canada’s obligations under NAFTA Chapter 11 and had caused damage to the Investors’ investments in Ontario. The Investors claimed that the measures breached Articles 1102(3) (National Treatment), 1105(1) (Minimum Standard of Treatment), and 1502(3)(a) (Conduct of Monopolies and State Enterprises). They also claimed that the measures would result in expropriation of their investments in breach of Article 1110 (Expropriation) if they were not granted extraordinary relief in then ongoing domestic court proceedings.

Status

Inactive.

Legal Documents (all documents are in pdf)

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