![]() ![]() Users wishing to rely upon this information should consult directly with the source of the information. The Government of Canada is not responsible for the accuracy, reliability or currency of the information supplied by external sources. To view or download pdf files you need Adobe® Acrobat® Reader™ a free software that you can download from the web. They are provided in Acrobat (pdf) files. As such they have not been translated from the original. The Government of Canada has not modified or changed them in any way. Additional documents related to this case can be viewed at the website of the Permanent Court of Arbitration.Ĭopies of all legal documents posted have been prepared in a language of operation of the Tribunal or Court in question. This case was governed by the arbitral rules of the United Nations Commission on International Trade Law. Legal documents (all documents are in pdf) The Tribunal also ordered the Claimant to pay to Canada the costs of the arbitration proceedings in the amount of $37,905.45 USD and disbursements in the amount of $4,667.99 CAD. The Tribunal denied Canada’s request for legal fees. On August 2, 2010, the Tribunal terminated the arbitration pursuant to Article 41(4) of the UNCITRAL Arbitration Rules as a result of the Claimant’s failure to pay its share of the deposit. In particular, the Claimants alleged that they were denied access to Canada’s “monopoly infrastructure and network in health care”, that they continuously ran into “roadblocks” in their efforts to construct a surgical facility in British Columbia, and that they had their medical technology expropriated in Alberta. ![]() The Claimants alleged that Canada breached its obligations under NAFTA Chapters 11 and 15. Canada also requested that the Tribunal award Canada its costs in the arbitration and its legal fees. On April 29, 2010, Canada filed a Motion on Termination and Costs, requesting pursuant to Articles 38, 40, and 41 of the UNCITRAL Arbitration Rules that the Tribunal terminate the arbitration because the Claimants had failed to make the required deposit to the Tribunal. The Claimants submitted a Notice of Intent to Submit a Claim to Arbitration on July 11, 2008, followed by a Notice of Arbitration on January 5, 2009, and a revised Statement of Claim on February 2, 2009. Terminated by Tribunal for non-payment of Tribunal fees by Claimant.
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