CETA, the Investment Canada Act and SOEs: A Brave New World for Free Trade

1 Kevin Ackhurst, Partner and Head of Antitrust and Competition, Norton Rose Fulbright Canada LLP, Toronto, Canada. Email: kevin.ackhurst@nortonrosefulbright.com . Stephen Nattrass and Erin Brown, Associates, Norton Rose Fulbright Canada LLP, Ottawa, Canada. Emails: stephen.nattrass@nortonrosefulbright.com and erin.brown@nortonrosefulbright.com .

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ICSID Review - Foreign Investment Law Journal, Volume 31, Issue 1, Winter 2016, Pages 58–76, https://doi.org/10.1093/icsidreview/siv053

13 February 2016

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Kevin Ackhurst, Stephen Nattrass, Erin Brown, CETA, the Investment Canada Act and SOEs: A Brave New World for Free Trade, ICSID Review - Foreign Investment Law Journal, Volume 31, Issue 1, Winter 2016, Pages 58–76, https://doi.org/10.1093/icsidreview/siv053

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Abstract

This article provides an overview of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA or the Agreement), noting in particular certain of its novel procedural and substantive elements related to investment and Investor-State Dispute Settlement. CETA will also, if ratified, have an impact on the review threshold for Canada’s existing foreign investment review law, the Investment Canada Act, significantly increasing it and thereby reducing the number of pre-closing reviews not just for EU Member States but for other nations with most favoured nations provisions in trade agreements with Canada. State-owned enterprises receive unique treatment under the ICA, and their treatment under both the ICA and CETA is explored.