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)

The Citizen | 20-Jan-2020
The dispute is related to Canada-based company Montero Mining’s investment in the Wigu Hill rare earth element project.
Macleans | 15-Jan-2020
A Canadian mining exec’s decades-long tussle with Kazakhstan is finally over. He was awarded nearly $53 million.
Hankyoreh | 15-Jan-2020
KTurbo claims US government violated terms of KORUS FTA, after US court judged that the company violated place of origin rules.
IAReporter | 13-Jan-2020
The US-based ridesharing services platform Uber Technologies and its Colombian subsidiary, Uber Colombia, have threatened to initiate arbitration proceedings against Colombia under the Colombia-US Trade Promotion Agreement.
GlobeNewswire | 13-Jan-2020
The dispute arises out of certain acts and omissions of the United Republic of Tanzania, relating to the SMP Gold Project, says the company.
US Department of State | 13-Jan-2020
KTurbo Inc. served a notice of intent to submit a claim to arbitration under Chapter 11 of the US-Korea Free Trade Agreement.
DAWN | 10-Jan-2020
Pakistan has asked a US federal court to pause an Australian copper company’s bid to enforce a $6 billion arbitral award while it looks to have the award nixed.
Semana | 9-Jan-2020
El Gobierno recibió una notificación de la compañía en la que le comunica su intención de demandar al Estado tras la suspensión del servicio que la Superintendencia de Industria y Comercio les impuso en el país.
Big Issue North | 2-Jan-2020
Commercial ISDS adjudications trump democratically established laws and controls.
GlobeNewswire | 17-Dec-2019
The dispute is related to the Invicta gold mine project and the blockade erected by the community of Parán in October 2018 wherein it prevented any access to the mining site.

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