Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Almost 6 Years Later and Canada Has STILL Not Ratified ICSID

Canada signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) on December 15, 2006 and investors and trade lawyers have been patiently waiting ever since for...

Sterling Resources Ltd. Files Notice of Dispute Under Canada-Romania FIPPA

Sterling Resources Ltd, a Canadian listed company, has issued a press release to inform investors and interested persons that on June 20, 2010 it has filed a Notice of Dispute under the Canada-Romania Foreign Investment Promotion...

Could U.S. Investors Bring Investor-to-State Claim for Morocco Internet Shutdown?

The United States and Morocco entered into a free trade agreement that entered into force on January 1, 2006. The U.S-Morocco free trade agreement includes chapters on investment, services and electronic commerce (in addition to...

NAFTA Chapter 11 Win Leads to $58.4 Million Payday

On January 25, 2011, Corn Products International issued a press release that it had received $58.4 million from the Government of Mexico as payment of an arbitral award issued in respect of a Chapter 11 of NAFTA claim. ...

U.S. Company Threatens to Use Investor-State Dispute Settlement Mechanism in U.S.-Peru FTA

This is the first case that I am aware of in which a U.S. company (investor) has threatened to use the investor-state dispute settlement mechanism in the United States - Peru free trade agreement (or any free trade agreement...

The ABCs of the Canada-EU CETA Negotiations

This blog posting on the ABCs of the Canada-European Comprehensive Economic and Trade Agreement (CETA) can be adapted for most free trade agreement negotiations. As the 6th Round Canada-EU CETA negotiations is starting on January...

Canada and Saudi Arabia May Be Discussing Foreign Investment Promotion & Protection Agreement

Arab news is reporting that Canada's International Trade Minister discussed negotiations of a Canada-Saudi Arabia Foreign Investment Promotion & Protection Agreement (like a bilateral investment treaty) during his recent visit to...

Canada STILL Has Not Ratified ICSID

It is embarrassing - Canada signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID or the Washington Convention) on December 15, 2006 and passed legislation granting...

Canada Updates Foreign Investment Protection and Promotion Agreement with the Czech Republic

On May 8, 2009, Canada's International Trade Minister, Stockwell Day, announced that Canada and the Czech Republic has signed an updated Foreign Investment Protection and Promotion Agreement (FIPA) (Canada's version of...

Canada Updates Foreign Investment Promotion and Protection Agreement with Romania

On May 8, 2009, Canada's International Trade Minister, Stockwell Day, announced that Canada and Romania has signed an updated Foreign Investment Protection and Promotion Agreement (FIPA) (Canada's version of a bilateral...

Canada's Environment Minister on U.S. Climate Change Bill

On May 15, 2009, Canada's National Post newspaper ran an article entitled "U.S. Climate bill would be 'disaster'". For a copy of the well-written article, please go to the following link -...

Canada Updates Foreign Investment Protection and Promotion Agreement with Latvia

On may 5, 2009, Canada's International Trade Minister, Stockwell Day, announced that Canad and Latvia has signed an updated Foreign Investment Protection and Promotion Agreement (FIPA) (Canada's version of a bilateral investment...

Abitibi-Bowater Filed NAFTA Chapter 11 Notice of Intent

On April 23, 2009, AbitibiBowater Inc. filed a notice of intent under the North American free-trade agreement accusing the Newfoundland and Labrador government of taking a “blatantly discriminatory” action when it passed...

Canada Concluded Investment Treaty Negotiations with Madagascar

Canada and Madagascar concluded negotiations for a Foreign Investment Promotion and Protection Agreement (FIPA) in August 2008. This bilateral FIPA will enhance Canadian investors’ confidence when considering investment...

Could Investors in the USA Take Over the "Buy America" Trade Wars?

During the 2008 U.S. Elections, Canadians and Mexicans learned via campaign rhetoric that President Obama wants to renegotiate NAFTA Chapter 11 due to the inclusion of the investor-to-State dispute settlement mechanism.  If...

Canadian Company Considers Suing El Salvador

On December 9, 2008, a Canadian mining company, Pacific Rim Mining Corp., using its Nevada-based subsidiary Pac Rim Cayman LLC, filed a Notice of Intent under the investment provisions of the CAFTA-DR (that is the...