Madam Speaker, as the House will recall, an act to regulate the interprovincial trade and importation for commercial purposes of certain manganese based substances, Bill C-29, received royal assent on April 25, 1997. The act came into force June 24.
On April 14, Ethyl Corporation, the sole North American producer of MMT, filed a claim for damages under the investor stated dispute settlement provisions in chapter 11 of the North American Free Trade Agreement.
The arbitration will be conducted pursuant to the North American Free Trade Agreement and the United Nations Commission on International Trade Law Rules which provide that one arbiter be appointed by each of the disputing parties and a third appointee appointed by agreement of the disputing parties.
Three highly respected international arbiters have been appointed to the tribunal. Ethyl Corporation has named Charles Brower, a lawyer practising in international arbitration in Washington, and the Government of Canada has appointed the Hon. Marc Lalonde, a lawyer in Montreal also practising international arbitration. Mr. Karl-Heinz Bockstiegel of Germany has agreed to serve as the presiding arbiter.
On October 2 the parties met with the tribunal to discuss procedural issues. At the meeting the schedule for the coming months was set. The first oral hearing will be February 24 and February 25, 1998.
The rules and procedures governing NAFTA dispute settlement were developed with a view to ensuring a just and cost effective resolution of disputes.
As this matter is currently before the tribunal it would be inappropriate for me to express any opinion on the merits of the case. That is for the competent tribunal to decide.