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Re: emailjanum post# 23679

Thursday, 11/11/2010 8:44:05 PM

Thursday, November 11, 2010 8:44:05 PM

Post# of 24889
The NAFTA Agreement asserts that the settlement award will only be granted if, and when, AbitibiBowater rises out of bankruptcy under a new corporate structure in Canada1 (the “New Company”). This despite the fact that the resources expropriated from AbitibiBowater (in Dec 2008) was before it filed for bankruptcy protection (Apr 2009). This term in the Agreement is highly controversial given the core dispute whereby the stakeholders of the current Company, and not the New Company, were denied their rights.

'Courts of bankruptcy are essentially courts of equity, and their proceedings inherently are proceedings in equity.'

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