Concurring and Dissenting Opinion of The Honorable Judge Charles N. Brower dated 20160325
In Mesa Power Group, LLC v. Government of Canada (UNCITRAL, PCA Case No. 2012-17)
Opening of the document
In the matter of an arbitration under Chapter Eleven of the North American Free Trade Agreement and the UNCITRAL Arbitration Rules between Mesa Power Group, LLC Government of Canada CONCURRING AND DISSENTING OPINION OF JUDGE CHARLES N. BROWER I concur with the Award in all respects other than its conclusions regarding Articles 1105 and 1108(7)(a) and (8)(b) of NAFTA. I begin with the Tribunal’s treatment of Claimant’s claim pursuant to Article 1105, which forms the principal basis of the Award on the merits. I agree with the Award’s formulation of the applicable standard under NAFTA Article 1105. That formulation was set out by the tribunal in Waste Management II and has been adopted by a …