![]() This case was governed by the arbitral rules of the United Nations Commission on International Trade Law. Legal documents (all documents are in pdf) The Tribunal also ordered the Claimant to pay to Canada the costs of the arbitration proceedings in the amount of $37,905.45 USD and disbursements in the amount of $4,667.99 CAD. The Tribunal denied Canada’s request for legal fees. On August 2, 2010, the Tribunal terminated the arbitration pursuant to Article 41(4) of the UNCITRAL Arbitration Rules as a result of the Claimant’s failure to pay its share of the deposit. In particular, the Claimants alleged that they were denied access to Canada’s “monopoly infrastructure and network in health care”, that they continuously ran into “roadblocks” in their efforts to construct a surgical facility in British Columbia, and that they had their medical technology expropriated in Alberta. The Claimants alleged that Canada breached its obligations under NAFTA Chapters 11 and 15. Canada also requested that the Tribunal award Canada its costs in the arbitration and its legal fees. On April 29, 2010, Canada filed a Motion on Termination and Costs, requesting pursuant to Articles 38, 40, and 41 of the UNCITRAL Arbitration Rules that the Tribunal terminate the arbitration because the Claimants had failed to make the required deposit to the Tribunal. The Claimants submitted a Notice of Intent to Submit a Claim to Arbitration on July 11, 2008, followed by a Notice of Arbitration on January 5, 2009, and a revised Statement of Claim on February 2, 2009. Terminated by Tribunal for non-payment of Tribunal fees by Claimant. 1502(3)(a) (Monopolies and State Enterprises).Howard alleged that Centurion and HFT owned and controlled Regency Hills Health Centre, Inc., an alleged British Columbia corporation. (“Centurion”), an alleged Delaware corporation, and the Howard Family Trust (“HFT”), an alleged Canadian family trust. citizen who claimed to own and control Centurion Health Corp. NAFTA - Chapter 11 - Investment Cases filed against the Government of Canada Centurion Health Corporation v. ![]()
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