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)

Lexology | 20-Oct-2017
The key issue in the case concerned the proper interpretation of the dispute resolution provision in the 2003 Investment Law, which was the basis for jurisdiction.
NY Times | 18-Oct-2017
This far-flung peninsula in the North Atlantic seems an unlikely place for an international trade dispute. But an American company’s scuttled plans to build a quarry here have turned these quiet fishing grounds into a case study.
Bloomberg | 16-Oct-2017
US Nafta negotiators are proposing to essentially do away with the independent tribunals that oversee the trading and investment relationship.
Renewables Now | 16-Oct-2017
US clean energy company Invenergy LLC has notified the Polish authorities it plans to turn to international arbitration over its wind investments in the country, if no settlement is reached within six months.
IELP Blog | 11-Oct-2017
US ISDS proposal in NAFTA would cut fair and equitable treatment and indirect expropriation.
IISD | 4-Oct-2017
The tribunal ordered Burlington to pay USD41 million in compensation to Ecuador for environmental and infrastructure damage.
Business Wire | 4-Oct-2017
An ICSID Arbitral Tribunal ordered Kazakhstan to pay Caratube USD 39.2 million in damages, plus USD 1,207,757.44, and well over 10 million USD in interest.
IISD | 27-Sep-2017
La perspective de demandes formulées par des investisseurs étrangers à l’encontre des États dans le cadre du règlement des différends­ investisseur-État (RDIE) conduit-elle à un gel réglementaire ?
IISD | 27-Sep-2017
Does the prospect of foreign investor claims against countries in investor­–state dispute settlement (ISDS) lead to regulatory chill?
Kaos en la Red | 22-Sep-2017
Este jueves entró en vigor el Acuerdo Económico y Comercial Global (CETA), que supone la apertura de puertas a un nuevo modelo político en el que las corporaciones alcanzan cotas de poder que pueden llegar a anular a los Estados.

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