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)

Mining.com | 7-Jun-2018
Gabriel Resources will have to wait until late 2019 to find out whether Romania will have to pay it $4.4 billion in alleged losses related to the company’s Rosia Montana gold and silver project.
Pulse | 7-Jun-2018
The South Korean government and Elliott Management next week will enter negotiation for an out-of-court settlement over the U.S. activist fund’s $670 million damage claim for the former administration’s interference in the 2015 merger between Samsung units.
The Guardian | 1-Jun-2018
The logic to Trudeau’s action may lie in an obscure and overlooked 2014 agreement to ensure China got a pipeline built
BN Americas | 24-May-2018
Exmingua is planning to launch arbitration proceedings against Guatemala following the suspension of its Tambor gold project.
Common Sense Canadian | 17-May-2018
Canada’s controversial mining sector may be the driving force behind the country’s insistence on protecting foreign investors’ rights over laws that guard its own citizens and environmental values.
Reuters | 16-May-2018
US oil company ConocoPhillips has brought new court actions to seize two cargoes of crude and fuel near a terminal operated by PDVSA subsidiary Citgo Petroleum in Aruba.
Romania Insider | 15-May-2018
Rosia Montana Gold Corporation entered a dispute with the Romanian state at the ICSID after the mining project was blocked as the site was declared a historic monument.
Reuters | 14-May-2018
The legal action was the latest in the Caribbean to enforce a $2 billion arbitration award by the International Chamber of Commerce (ICC) over the nationalization.
The Lawyer’s Daily | 11-May-2018
A Federal Court ruling in favour of an American company that is seeking millions in damages from Canada has prompted environmental groups to renew their calls for Ottawa to push to scrap the NAFTA Chapter 11 investor-state dispute resolution system during the ongoing free trade renegotiations with the United States and Mexico.
IATP | 11-May-2018
The Maine Citizen Trade Policy Commission, a legislator-run, bipartisan governmental body, recently sent a letter to U.S. Trade Representative calling for ISDS to be removed in its entirety from NAFTA.

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