Study Aids
Case Briefs Overview
Casebooks
Case Briefs
S

S.D. Myers, Inc. v. Government of Canada

40 I.L.M. 1408 (2001)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

S.D. Myers, Inc. v. Government of Canada

North American Free Trade Agreement Arbitration
40 I.L.M. 1408 (2001)

  • Written by Tanya Munson, JD

Facts

S.D. Myers, Inc. (SDMI) (plaintiff) was an Ohio corporation that remediated hazardous waste. SDMI entered the Canadian market intending to obtain PCB wastes and transport them for treatment in SDMI facilities in Ohio. SDMI’s only Canadian competitor was Chem-Security in Alberta. SDMI had a cost advantage because it was cheaper for Ontario PCB producers to ship their waste a few hundred miles to Ohio than 1,500 miles away to Alberta. In 1995, the Canadian minister of the environment issued interim and final orders that banned PCB exports from Canada. Evidence indicated that the purpose of the ban was to force Canadian companies to have their PCB wastes treated at Chem-Security. SDMI filed a notice of arbitration against the government of Canada (defendant) under Chapter 11 of the North American Free Trade Agreement (NAFTA), alleging violations of national treatment and fair and equitable treatment.

Rule of Law

Issue

Holding and Reasoning ()

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

International Business Transactions

Key Terms