Investment Treaty Arbitration

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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.

Recent Experience

Nutrien Ltd. the world’s largest provider of crop inputs and services, in an arbitration under the UNCITRAL rules against the Government of Egypt of claims under the Agreement Between the Government of Canada and the Government of the Arab Republic of Egypt for the Promotion and Protection of Investments.
Nutrien Ltd. in an international commercial arbitration against the Egyptian Nitrogen Products Company S.A.E., an affiliate of Misr Fertilizers Production Company S.A.E., under the ICC Rules.
Nutrien Ltd. in the divestiture to the Government of Egypt of Nutrien’s entire interest in Misr Fertilizers Production Company S.A.E. (MOPCO) and the settlement of its arbitration claims against the Government of Egypt and MOPCO’s affiliate, for an aggregate amount of USD$540 million.
A large cap, Canadian-based international energy producer on a bilateral investment treaty claim against the Government of Ecuador before the London Court of International Arbitration (LCIA).
A Canadian-based investor in connection with potential investment claims under NAFTA and the CPTPP relating to investments in Mexico’s energy sector.
Advising the Canadian subsidiaries of European-and American-based multinational companies in respect of a potential investment claim against Canada.
A U.S.-based client with Canadian subsidiaries on investment dispute matters related to an energy pipeline expansion, including potential NAFTA Chapter 11 claims relating to actions taken by a provincial government, the negotiation of a potential investment agreement with the Government of Canada and project divestiture negotiations.
A Canadian energy joint venture and its foreign owners in connection with a Project Development and Tax Stabilization Agreement with a provincial government and related international investment law and dispute resolution matters, including under the Canada-China Bilateral Investment Treaty, the Canada-Korea Free Trade Agreement, the (then) Trans-Pacific Partnership and the (then) draft CETA.
A Canadian-based major integrated oil and gas company with U.S. subsidiaries in respect of NAFTA Chapter 11 considerations, potential claims and negotiations relating to mandatory production curtailments imposed by a provincial government.
An Australian-based large cap international mining company in connection with the acquisition of a Canadian-based junior mining company and its potential investment claims against the Government of Ecuador.
A Canadian-based, large cap international oil and gas producer in respect of its investment negotiations and contractual arrangements with the governments of Argentina and Gambia, including investment protection structuring matters.
A European-based energy company in respect of its potential investment claims under a Bilateral Investment Treaty with Canada relating to a joint venture energy project in Western Canada and the actions of a provincial government.
A U.K.-based large cap oil and gas exploration and production company in connection with its investment disputes and related negotiations with the republics of Tanzania and Malta.
A U.S.-based mining company in its NAFTA Chapter 11 claims against Canada related to a mining project in Eastern Canada.
A U.S.-based client in its NAFTA Chapter 11 dispute with the Government of Canada in respect of transportation infrastructure assets and operations.