Foreign Affairs committee  It should be clear that when I spoke of the 200 number, that's 200 decisions. Sometimes investors win, sometimes they lose. Generally our experience has been that you're satisfied if you win, and you're not happy if you lose, I guess.

Foreign Affairs committee  But in terms of process, that's one of the advantages of ICSID. People feel they get a fair and thorough hearing--that's the key, win or lose. Obviously you're happier if you win, but at least you get a fair, full hearing.

Foreign Affairs committee  The seat of the World Bank is in Washington, so as a general rule the hearings are held in Washington. They have very good facilities for hearings in Washington. There have been some instances...and it is possible to go outside of Washington for these hearings, but the general ru

Foreign Affairs committee  Yes, it says that the centre shall not publish the award without the consent of the parties. The centre shall, however, promptly include in its publication excerpts of the legal reasoning. So they can put the legal reasoning if someone for some reason tries to say they don't want

Foreign Affairs committee  There is a termination clause. I will try to get you the exact citation. There is an ability—

Foreign Affairs committee  Yes, I'd be glad to. I'm not certain what exactly you're thinking of in terms of accountability, but as we say, these tribunals are three-member panels generally. Generally the hearings are open to the public. Often a treaty will set it up such that one member is appointed by o

Foreign Affairs committee  If Canada and China sign a FIPA--and you know that's being negotiated now--all Canadians will get the benefit of that. So if we are able to pass this bill, they will then also have the option of going under ICSID convention arbitration.

Foreign Affairs committee  The damage awards range from the millions to the billions. They are not small claims types of issues because it costs something to bring this kind of a claim forward. But they have been all over the map in terms of the range of dollars.

Foreign Affairs committee  Yes, it could be. Obviously there would be lots of corporations and lots of big corporations. But some observers have been interested to note that not just big companies and big corporations use it. We've had experience in the NAFTA context, and if you look at the caseload of the

Foreign Affairs committee  First of all, in terms of appeal, part of the appeal process allows parties to go to what's called an annulment process. If a party wants to take an award that they're unhappy with one step further, they ask the ICSID to set up an annulment panel, and the annulment panel will hea

Foreign Affairs committee  The answer will be in the realm of speculation, because it has never happened. There have been over 200 awards. They have all been honoured. It has never happened. We would expect that as state members to the World Bank.... The World Bank obviously has a very great interest in h

Foreign Affairs committee  No. Again, I get back to the basic difference. There are two things to distinguish. On the one side, NAFTA--or FIPAs--gives you a substantive right. You will not expropriate, you will not discriminate--that kind of thing.

Foreign Affairs committee  Yes, there is a panel. That's right. And the procedural rights come under a variety of instruments. ICSID is but one of those instruments. If, for example, ICSID had been in place, if we had done this before those cases were brought up, the investor, for example, in the Canadia

Foreign Affairs committee  Definitely it would have been one more option...that's right; a positive option? It would have been one more choice they would have had. It would give them the option of...the leader in, you know, the world's running these and enforcement. It would have been the easiest enforceme

Foreign Affairs committee  In terms of costs, the cost of the running of the organization essentially is already covered by the contributions Canada makes to the World Bank. So that's basically covered. Now, the fact is that in each individual arbitration, a tribunal has, at the end of the day, the right