Commercial Arbitration Act updated to cover CPTPP accessions and the Canada–Indonesia trade deal

Plain-language summary · AI-assisted

Two additions have been made to Schedule 2 of the Commercial Arbitration Act, which lists the international trade agreements whose investor-state dispute provisions can be arbitrated under the Act. First, the reference to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is broadened to include any future accession protocols listed in the CPTPP Implementation Act schedule, meaning investors from newly joining CPTPP countries will also fall under the Act's arbitration framework. Second, Article 13.25 of the new Comprehensive Economic Partnership Agreement between Canada and Indonesia is added to Schedule 2, bringing investor-state disputes arising under that agreement within the Act's scope. Businesses with investments in Canada from CPTPP member or acceding states, or from Indonesia, and Canadian investors in those countries, should be aware that arbitration under this Act may now be available for eligible disputes. Legal counsel advising on cross-border investment structures under these agreements should review the updated Schedule 2.

Who this affects
foreign investors from CPTPP member and acceding states · Canadian investors operating in CPTPP or Indonesia markets · businesses with cross-border investments covered by Canada–Indonesia trade deal · legal counsel advising on international investment disputes