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)

European Law Blog | 22-May-2017
The Court’s Opinion has consequences for future EU trade deals such as CETA and potentially a future UK-EU FTA.
Reuters | 17-May-2017
U.S. oil firm Cobalt said it had filed requests for arbitration seeking more than $2 billion from Angola’s state-run Sonangol.
Ecofin | 17-May-2017
Cobalt Energy a annoncé avoir déposé une demande d’arbitrage international dans laquelle il réclame 2 milliards de dollars au gouvernement angolais.
The Hill | 5-May-2017
The lack of a defined procedure under the AUSFTA is extremely prejudicial to U.S. companies and banks: chairman of APR Energy
Mondaq | 5-May-2017
A federal district court in Washington, D.C. recently confirmed a $1.2 billion arbitral award in favor of Crystallex International Corp
Sidney Morning Herald | 2-May-2017
US mining company Nucoil is using a free trade agreement to put pressure on the Australian government to pay compensation over cancelled licences.
IP Watch | 28-Apr-2017
Although Canada won in a unanimous decision, the ruling does not, however, guarantee domestic discretion going forward, contrary to the suggestion of some.
The Hindu | 27-Apr-2017
Enormous political pressure to get the bilateral, economic treaties off the ground, say officials.
Kluwer Arbitration Blog | 24-Apr-2017
The role of third party funding in investment arbitration raises unique concerns for policy-makers because, ultimately, a State’s taxpayers will be liable for satisfaction of any award favoring the claimant.
Global Justice Now | 24-Apr-2017
A new briefing has outlined the likely elements of a UK-US trade deal and argues that it would contain more extreme forms of all the controversial elements of the deal that was being negotiated between the EU and the USA.

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