Mexico v. Cargill, Incorporated, 2011 ONCA 622 deals with the standard of review from a NAFTA trade tribunal. The Court, after lengthy review, holds the standard is correctness:
[42] I conclude that the standard of review of the award the court is to apply is correctness, in the sense that the tribunal had to be correct in its determination that it had the ability to make the decision it made.
3 comments:
And what is the standard of correctness...?
Correctness means they have to get it right. So an error made and an 'appeal' court (actually a reviewing court but looks like an appeal) can overturn. The other standard is 'reasonableness' which means they can be wrong but they have to be in the ballpark. Correctness is a higher standard.
Really effective data, thank you for the article.
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