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

40 I.L.M. 1408 (2001)

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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 ()

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