North America

Canada and the United States have signed over 170 international investment agreements. The largest of these include the North American Free Trade Agreement (NAFTA) with Mexico and the Trans-Pacific Partnership (TPP) with ten other Pacific Rim states, currently in the process of being ratified.

The US is also party to the Dominican Republic–Central America Free Trade Agreement (CAFTA) and is negotiating the Transatlantic Trade and Investment Partnership (TTIP) with the European Union.

Canada has signed the Foreign Investment Promotion and Protection Agreement (FIPA) with China and the Comprehensive Economic and Trade Agreement (CETA) with the European Union, the latter one yet to be ratified.

US investors have extensively used the investor-state dispute settlement (ISDS) provisions of these treaties. They have initiated around 130 disputes, over 20% of all known cases, making it the most frequent home state of the investor. The US has never lost an ISDS litigation.

On the other hand Canadian investors have initiated about 35 disputes and Canada has been the second most frequent target among developed states (5th globally).

(October 2015)

Yahoo | 5-Nov-2019
The award granted WWM over US$ 40 million in damages, in addition to a substantial portion of its legal costs incurred in the proceeding.
Ciar Global | 31-Oct-2019
Análisis de la demanda de arbitraje de inversiones interpuesta contra Costa Rica por parte de la empresa minera canadiense Infinito Gold ante el CIADI.
European Commission | 14-Oct-2019
The European Commission today presented to the Council four proposals for specific rules putting in place the Investment Court System provisions in the EU-Canada trade deal.
Yonhap | 1-Oct-2019
The South Korean government has won an international arbitration in a suit a Korean-American individual filed over expropriation of land in a redevelopment project.
Reuters | 18-Sep-2019
An international arbitration panel will hold hearings next month in the United States in a case filed by two New York-based hedge funds against the South Korean government over a 2015 Samsung merger.
Journal de l’Economie | 18-Sep-2019
On assiste à l’émergence d’une nouvelle puissance émettrice du droit, dotée de pouvoirs juridictionnels, et à l’origine d’une jurisprudence.
Mondaq | 12-Sep-2019
The traditional mechanism of investment arbitration between the investor and the host State has been under attack for some time now from a range of actors and for a variety of reasons.
Mediapart | 3-Sep-2019
Interview en marge du Contre G7 en France.
Yahoo | 3-Sep-2019
A World Bank arbitration panel lowered an initial $8.7 billion award to US oil company ConocoPhillips as compensation for Venezuela’s 2007 expropriation of its assets to $8.5 billion.
Yahoo | 22-Aug-2019
The tribunal determined that Stans prevailed on jurisdiction and on the merits of its claim, awarding Stans a sum of approximately US $24 Million inclusive of damages, interest, and costs.

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