JEFF GRAY - LAW REPORTER, The Globe and Mail, Jun. 01 2012, 12:13 PM EDT
Canada has lost a battle with Exxon Mobil Corp. and Murphy Oil Corp. before a NAFTA arbitration panel over whether the U.S. companies can be forced to boost their research-and-development spending in Newfoundland.
The two companies, involved in the Terra Nova and Hibernia oil projects off the shores of Newfoundland, sued Ottawa in 2007 under the North American free-trade agreement’s long-controversial Chapter 11 provisions, which allow U.S. and Mexican investors in Canada to challenge government policies.
A panel of international arbitrators ruled 2-1, with the Canadian appointee dissenting, that research-spending rules imposed by Newfoundland’s oil regulator in 2004 were “performance requirements” forbidden by NAFTA.
The decision, which was first reported on the New York-based website Investment Arbitration Reporter, has not been publicly released....