Investor State Dispute Settlement | Tereposky & DeRose LLP

Mexico Defeats $80 Million ISDS Multi-Party and Multi-Treaty Arbitration Claim...

Tereposky & DeRose had the privilege of assisting the Secretaría de Economía represent Mexico in a multi-party and multi-treaty claim brought by six claimants under the NAFTA and Mexico’s investment treaties with Argentina, France and Portugal, seeking US$80 million plus interest and costs. In August 2020, Mexico successfully bifurcated the arbitration into a preliminary phase to address its jurisdictional… Continue reading Mexico Defeats $80 Million ISDS Multi-Party and Multi-Treaty Arbitration Claim…

US Telecommunications Investor Fails to Set Aside Award Dismissing NAFTA...

Tereposky & DeRose LLP recently had the privilege of representing The United Mexican States on instructions from La Secretaría de Economía in an investor-state set aside proceeding before the Ontario Superior Court of Justice. In short, Joshua Dean Nelson (the “Applicant”) and his business, Tele Fácil México SA De CV, failed to convince a Canadian… Continue reading US Telecommunications Investor Fails to Set Aside Award Dismissing NAFTA…

Mexico Defeats Half a Billion ISDS Arbitration Claim Under NAFTA

Tereposky & DeRose had the privilege of assisting the Secretaría de Economía represent Mexico in a claim seeking US$472 million plus interest and costs brought by a US national pursuant to Chapter 11 of the North American Free Trade Agreement (NAFTA). By award dated June 5, 2020, the UNCITRAL rules Tribunal in Joshua Dean Nelson v.… Continue reading Mexico Defeats Half a Billion ISDS Arbitration Claim Under NAFTA

The ICSID Convention 55 Years Later: Can Emerging Market Economies...

Next month, the International Center for the Settlement of Investment Disputes (“ICSID”) will celebrate the 55th anniversary of the opening for signature by States of the ICSID Convention. Since March 1965, of the 189 States who are automatically eligible to sign the Convention by way of their membership to the International Bank for Reconstruction and Development,… Continue reading The ICSID Convention 55 Years Later: Can Emerging Market Economies…

Third-Party Funding at the Heart of ISDS Reform

The increased reliance on third-party funding (“TPF”) in investment treaty arbitration in recent years has led States and arbitral tribunals to examine the phenomenon more closely. Both the United Nations Commission on International Trade Law (“UNCITRAL”) Working Group III on investor-state dispute settlement (“ISDS”) reform and the International Centre for Settlement of Investment Disputes (the… Continue reading Third-Party Funding at the Heart of ISDS Reform

Security For Costs in Investment Treaty Arbitration: More Certainty Expected...

On 16 August 2019, the International Centre for Settlement of Investment Disputes (the “ICSID”) Secretariat published its third working paper on proposals for amendment of the ICSID Rules (Working Paper #3). In addition to many other changes, the proposed amended Rules provide, for the first time, guidance and clarity to tribunals on security for costs… Continue reading Security For Costs in Investment Treaty Arbitration: More Certainty Expected…

Close, But No Cigar: Bilcon Tribunal Rejects Claim on Grounds...

On 10 January 2019, the Tribunal of Bilcon v. Canada rendered its Award on Damages, following its Award on Jurisdiction and Liability rendered in 2015. In the Award on Jurisdiction and Liability, the majority found that Canada breached NAFTA’s Articles 1102 and 1105 for its review of the Claimants’ proposed construction of a quarry terminal in Nova Scotia. The Tribunal… Continue reading Close, But No Cigar: Bilcon Tribunal Rejects Claim on Grounds…

Mexico, Canada and the United States sign the “T-MEC” (and...

On 30th November 2018, Mexico, Canada and the United States signed the updated free trade agreement that will replace the North American Free Trade Agreement (the “NAFTA”, which is specifically referred to in the text of the new agreement as the “NAFTA 1994”). Unlike the NAFTA, the new agreement does not appear to have a uniform name… Continue reading Mexico, Canada and the United States sign the “T-MEC” (and…

The New Modernized NAFTA – The United States-Mexico-Canada Agreement (USMCA)

The “NAFTA” will soon be the “USMCA”. The preliminary text of the new 34 chapter trilateral trade agreement has been posted on the website of the United States Trade Representative (USTR): USMCA Text Greater Market Access for US Dairy Products The USMCA provides greater market access to a range of U.S. dairy products in Canada… Continue reading The New Modernized NAFTA – The United States-Mexico-Canada Agreement (USMCA)

Advancing a Progressive Trade Agenda Through Investment Agreements: Canada Launches...

On 14 August 2018, the Honourable Jim Carr, Minister of International Trade Diversification, announced the launch of a public consultation on Canada’s foreign investment promotion and protection agreements (FIPAs). This is Canada’s first formal update of its 2004 model FIPA, which is largely based on the North America Free Trade Agreement (NAFTA). Currently, Canada has… Continue reading Advancing a Progressive Trade Agenda Through Investment Agreements: Canada Launches…

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Category: Investor State Dispute Settlement