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Investment Treaty Arbitration

Investment Treaty Arbitration
Investment Treaty Arbitration
Expertise / Practices / International Trade / Investment Treaty Arbitration

When international investment disputes arise, foreign and domestic governments and private and public companies come to Blakes for advice and resolution. Clients have sought our representation in disputes involving a wide variety of matters, including state-investor disputes.

Blakes International Trade lawyers have successfully represented clients in a variety of bilateral and international trade and investment agreements and treaties. Having negotiated international investment treaties as government representatives, we possess an insider’s perspective on their function and applicability.

Our team is often called upon to provide counsel on the implications of North American Free Trade Agreement (NAFTA) rules, bilateral investment treaties (BITs), the Investment Canada Act, and foreign investment protection and promotion agreements (FIPAs). We also advise corporate clients on structuring cross-border investments to take advantage of investment treaty protections and arbitration options.

We represent clients at international arbitrations under NAFTA Chapter 11 investment, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law rules.

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Recent Experience
  • A North American commodity producer regarding compliance under the Canada-Egypt FIPA of a decision by Egyptian authorities to not issue a licence respecting certain investments.

  • A Canadian mining exploration company on its investment treaty arbitration regarding certain Peruvian regulations subject to the investment chapter of the Canada-Peru Free Trade Agreement and Canada-Peru FIPA.

  • One of the world's largest retail companies on the negotiation of the Canada-India FIPA.

  • A major U.S. distiller on the NAFTA Chapter 11 investment issues arising from an Investment Canada Act review of a pending transaction.

  • A mining and mineral exploration company on compensation arising from expropriation under applicable bilateral investment treaties where the potential target of the expropriation is owned by a subsidiary in a third country.

  • A leading North American telecommunications provider on the NAFTA Chapter 11 issues arising from a federal regulatory decision on wireless spectrum access.