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When international investment disputes arise, foreign and domestic investors come to Blakes for advice. Clients have sought our representation in investor-state disputes involving a wide variety of matters and across industries both in North America and internationally. We counsel clients on the full spectrum of international investment law and arbitration, from investment protection and host-state entry to investment dispute negotiations, settlement and divesture.
Blakes lawyers have successfully represented clients in arbitrations under numerous bilateral and multilateral investment treaties, including Chapter 11 of the former North American Free Trade Agreement (NAFTA), and pursuant to various rules in various settings, including the ICSID Convention, the UNCITRAL Arbitration Rules, the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and the Permanent Court of Arbitration (PCA).
Our team provides advice regarding the implications of the Canada-United States-Mexico Agreement (CUSMA or USMCA) and its predecessor NAFTA. We also regularly advise on 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 regularly advise clients regarding structuring cross-border investments to take advantage of investment treaty protections and arbitration options, as well as in negotiations with host governments throughout all stages of the foreign investment lifecycle, including leveraging treaty protections during any investor-state disputes.