Traduction de «Plainte d'investisseur » (Français → Anglais) :

The NAFTA says that a Canadian investor can bring a claim against the Government of the United States, or a Canadian investor who owns an investment in the United States.

Mr. Barry Appleton: What I was saying was that the reason the investor state provisions were there is to allow an investor himself to make his best case and not have to rely on his government to make his case.

I believe that Canadian investors who would bring a case would be successful, but unless the department were to shift its position, that would be more of a reason why an investor would want to do this on his own than to go back to our government to advance their cause.

‘claimant’ means any natural or legal person which may bring a claim to investor-to-state dispute settlement pursuant to an agreement or any natural or legal person to whom the claims of the claimant under the agreement have been lawfully assigned.

The regulation clarifies the financial responsibility between the European Union and its member countries when an investor from a non-EU country brings a claim for breach of an international agreement to which the EU is party.

Further, where the law of a third country requires that certain financial instruments be held in custody by a local entity and there are no local entities that satisfy all depositary delegation requirements, the depositary should be able to discharge itself of liability provided that: the rules or instruments of incorporation of the AIF concerned expressly allow for such a discharge; the investors have been duly informed of that discharge and the circumstances justifying the discharge prior to their investment; the AIF or the AIFM on behalf of the AIF instructed the depositary to delegate the custody of such financial instruments to a ...[+++]local entity; there is a written contract between the depositary and the AIF or the AIFM acting on behalf of the AIF, which expressly allows such a discharge; and there is a written contract between the depositary and the third party which expressly transfers the liability of the depositary to that third party and makes it possible for the AIF, or the AIFM acting on behalf of the AIF, to make a claim against the third party in respect of the loss of financial instruments or for the depositary to make such a claim on their behalf.