Summary

Investor-state arbitration is an increasingly important tool for businesses needing to resolve disputes with foreign government entities. With 179 countries entering into more than 2600 bilateral investment treaties designed to promote and protect foreign investments, BLG’s Investment Treaty Arbitration Group can help you navigate this territory with confidence.

Our Investment Treaty Arbitration Group professionals are highly experienced in the conduct of arbitration under investment treaties. We understand that investment disputes are legally complex and usually involve significant damages claims. We are well positioned to help any client involved in such disputes. We understand that resolutions call for a high degree of knowledge in both public international law and international commercial arbitration. The Group can also leverage the multidisciplinary expertise of our full-service firm to offer knowledge in a wide range of legal services, no matter which industry or business is involved.

The Group has provided advice and representation in more ICSID and UNCITRAL investor-state arbitrations than any other Canadian law firm. We have represented the Government of Mexico in all of its investor-state cases and have advised numerous other government and private sector clients in connection with this new and potent legal remedy. Our direct experience in 33 investor-state disputes enables us to assist clients in structuring their foreign investments to take advantage of available investment treaty protection, and in responding to problems when they arise.

Publications

Representative Work

  • Acted as counsel to the Government of Mexico in 17 investor-state arbitrations involving claims for damages ranging from $20 million to $1.2 billon.
  • Acted as counsel or advisor to private sector clients in investment treaty claims against Argentina, Ecuador, Georgia and Barbados.
  • Acted as counsel to governments in investment treaty claims against Turkey and South Africa.
  • Advised Canadian governmental entities in three disputes under NAFTA Chapter Eleven.
  • Advised the Government of Mexico as a NAFTA party intervener in five cases against the Government of Canada.
  • Advised resource sector clients on protection accorded under Canada’s bilateral investment treaties and free trade agreements with Latin American States.
  • Advised private sector clients on structuring foreign direct investment to obtain treaty protection backed by political risk insurance.