The EU-Canada trade deal defined the rights of companies, removing the possibility of judges coming up with new reasons for countries to be sued. A company can only bring a case if it experiences one or more of the following:
- Denial of justice in criminal, civil or administrative proceedings
- A fundamental breach of due process, including a fundamental breach of transparency, in judicial and administrative proceedings
- Manifest arbitrariness
- Targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief
- Abusive treatment of investors, such as coercion, duress and harassment
Only companies with real business operations in Canada or the EU will be able to bring a case against a government.