Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson

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...

Softwood Lumber Still in the Headlines

In August, 2008, a bid by a Canadian softwood lumber company, Tembec, to vacate a NAFTA Chapter 11 cost award was dismissed by a United States District Court. This was the second request by Tembec to the United States District...

Risky Business to Invest in Russia

On August 26, 2008, Diane Francis of Canada's Financial Post wrote a great article "Investing in Russia?  Plan to Lose"  that should raise alarm bells for those investing in Russia.  The posting may be found at...

Canada Has Not Ratified ICSID Convention Yet

Trade Lawyers Blog reported on March 14, 2008 that Bill C-9 "An Act to Implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)" reached its final point in...

U.S. Congress Tables Law to Review and Renegotiated Signed Free Trade Agreements

On June 4, 2008, the U.S. legislators took a dangerous turn when reaching a fork in the road.  When presented with a choice of honoring the trade agreements that trading partners have negotiated in good faith, the U.S...

Canada Has Recently Started Bilateral Investment Treaty Negotiations with Tanzania, Mongolia, Madagascar, Indonesia and Vietnam

Canada is becoming more engaged in international treaty negotiation and has recently announced that:

Canada and Tanzania;Canada and Mongolia;Canada and Madagascar;Canada and Indonesia; andCanada and Vietnam,

have agreed to...

Canada Consults on Canada-Jordan FIPA

Cnada is negotiating a Foreign Investment Promotion and Protection Agreement (FIPA) with Jordan. A FIPA is Canada's version of a bilateral investment treaty. 

The report on the Initial Environmental Assessment has been...

Finally - The ISCID Bill Receives ROYAL ASSENT in Canada!

On March 14, 2008, Bill C-9 "An Act to Implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)" reached its final point in Canada's legislative process and...