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)

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.
Panam Post | 1-Aug-2019
Canadian mining company Crystallex recently won a $1.4 billion judgment against the Venezuelan government, which nationalized its assets.
L’Humanité | 17-Jul-2019
L’État roumain en retirant son permis d’exploitation à une compagnie minière canadienne se voit aujourd’hui traîné devant les tribunaux internationaux.
New Internationalist | 10-Jul-2019
ISDSs, legal mechanisms designed to favour corporate interests will be integral to any post-Brexit US-UK trade deal.
The Investor | 8-Jul-2019
South Korea’s financial regulator said it will launch a task force later this month to handle lawsuits filed by global investors, such as US private equity fund Lone Star.
La Libre | 5-Jul-2019
Le combat pour défendre l’intérêt public, dont font partie la santé, l’environnement et les conditions dignes de travail, doit être mené à chaque fois qu’un traité de commerce international et de protection des investissements est annoncé.
Nevada Capital News | 29-May-2019
In December of 2018, KCA filed a $300 million-dollar arbitration claim against the government of Guatemala under CAFTA-DR.

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