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 Weekly | 21-Mar-2018
Junior project developer Eco Oro Minerals has filed a memorial on the merits with the World Bank’s ICSID in its arbitration case against Colombia.
Bloomberg | 16-Mar-2018
Trump disagrees with executives on Nafta arbitration language. Industry leaders say it provides an essential safety net.
Cision | 15-Mar-2018
DC court ruled in Rusoro’s favour, rejecting all of Venezuela’s defenses and holding that the award was valid and enforceable in the United States.
EU Law Analysis | 13-Mar-2018
My prediction for CETA and TTIP is that an opinion would be a death sentence for the investment protection provisions, since they are capable of being applied to various aspects of EU law.
La Libre | 7-Mar-2018
Un arrêt de la Cour de justice de l’Union européenne (CJUE) donne de nombreux espoirs aux opposants du traité de libre-échange entre l’UE et le Canada (Ceta).
Le Devoir | 7-Mar-2018
Un tribunal d’arbitrage de l’Accord de libre-échange nord-américain (ALENA) a débouté une entreprise américaine de pâte à papier qui disait subir de la discrimination .
The Globe and Mail | 7-Mar-2018
A NAFTA tribunal rejects $250-million claim by Mercer International Inc. against the Canadian government.
Latin America Herald Tribune | 5-Mar-2018
US Federal District Court Judge Richard J. Leon has ordered Rusoro’s $1.2 billion ICSID Expropriation award against Venezuela registered in the US.
The Bulletin | 26-Feb-2018
Should the US remain in the controversial North American Free Trade Agreement?
Sierra Club | 23-Feb-2018
The proposed policy follows the escape of over 200,000 Atlantic salmon from the company’s fish farms, sparking outcry from Indigenous groups, environmentalists, and fishing communities.

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