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Investment Treaty Arbitration

Investment Treaty Arbitration
Investment Treaty Arbitration
Expertise / Practices / Litigation & Dispute Resolution / Investment Treaty Arbitration

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

Blakes lawyers have successfully represented clients in arbitrations under numerous bilateral and multilateral investment treaties, including Chapter 11 of the North American Free Trade Agreement, and pursuant to various rules in various settings, including the ICSID Convention and the UNCITRAL Arbitration Rules.​

Our team also often provides counsel about the implications of the North American Free Trade Agreement (NAFTA) and its replacement, the Canada-United States-Mexico Agreement (CUSMA or USMCA). We also advise about the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), and bilateral investment treaties/foreign investment protection and promotion agreements. In addition, we provide guidance to corporate clients about structuring cross-border investments to take advantage of investment treaty protections and arbitration options.

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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.