Jennifer Radford

Bar Admission
  • Law Society of Ontario, 2002
Education
  • LLB, University of Ottawa, 2001
  • MA (Hons.), International Affairs, Norman Paterson School of International Affairs, 2000
  • BA (Hons.), International Political Science, University of Alberta, 1997
Professional Involvement
  • Editor, InvestorStateLawGuide
  • Editor, Canadian Institute’s International Trade Regulation Journal
  • Canadian Council on International Law
  • American Bar Association
  • Organization of Women in International Trade

Jennifer Radford is a founding partner of Tereposky & DeRose.  With a career history in civil litigation and advocacy, Jennifer heads up the firm’s Investor State Dispute Settlement practice group. The practice group has acted as co-counsel with the Secretariat of Economy representing Mexico in 36 investor state arbitrations in the last five years alone regularly defending claims in excess of a billion dollars (USD) in damages. Jennifer has experience in handling all aspects of these claims through all stages of the arbitral process (provisional measures, jurisdictional objections, merits, and damages) involving a wide range of industry sectors including telecommunication services (both cellular and satellite), mining, casinos, and hotels and tourism. She is well versed in the substantive issues involving these claims, including the prerequisites to accessing arbitration, MFN, FET, exhaustion of local remedies, denial of justice, expropriation, full protection and security, investors’ exercise of due diligence, contributory fault, and the proper valuation of recoverable damages (if any). In addition, Jennifer has significant experience bringing and defending judicial review applications to set-aside arbitral awards before Canadian Courts.

Jennifer also acts as counsel for foreign States and business on both sides of the enforcement of arbitral awards in the Canadian jurisdiction. This is complemented with her significant experience in the representation of foreign States and Embassies carrying out diplomatic missions in Canada, acting as counsel in precedent setting court cases involving complex state and diplomatic immunity issues, as well as assisting in official diplomatic communications with the Government of Canada regarding a wide range of diplomatic relationship issues.

Jennifer regularly advises on enforcement and compliance matters concerning foreign corrupt practices, export controls, economic sanctions, trade embargos, import and technology transfer controls and blocking measures (Cuba).

Investor-State Dispute Settlement

  • Counsel to the Government of Mexico in investor-state disputes, including: 
    • Coeur Mining v. The United Mexican States
    • First Majestic Silver Corp. v. The United Mexican States, ICSID Case No. ARB/21/14
    • Alicia Grace and Others v. The United Mexican States, ICSID Case No. UNCT/18/4
    • Joshua Dean Nelson et al v. The United Mexican States, ICSID Case No. UNCT/17/1
    • B-Mex LLC. and Others v. The United Mexican States, ICSID Case No. ARB(AF)/16/3
    • Eutelsat S.A. v. United Mexican States (ICSID Case No. ARB(AF)/17/2)
    • Joshua Dean Nelson and Mr. Jorge Blanco v. United Mexican States (ICSID Case No. UNCT/17/1)
    • Lion Mexico Consolidated LP v. United Mexican States (ICSID Case No. ARB(AF)/15/2)
  • Counsel for the Government of Mexico defending set-aside applications of international arbitral awards including:
    • Joshua Dean Nelson v. The United Mexican States, No. CV-21-00663626-00CL
    • Vento Motorcycles, Inc. v. The United Mexican States, No. CV-20-006496640000

International Arbitral Enforcement Proceedings

  • In addition to multiple currently ongoing enforcement proceedings representing Foreign States, counsel to the Government of Libya in complex enforcement proceedings involving complex issues of international law, diplomatic immunity, state immunity and crown prerogative at Superior and Appellate Court levels:
    • Canadian Planning v State of Libya, 2015 ONSC 6708; 2015 ONSC 2188; 2015 ONSC 3541; 2015 ONSC 3386
    • Canadian Planning and Design Consultants Inc. v. Libya, 2014 ONCA 924

Economic Sanctions

  • Counsel and advisor to individuals, foreign governments, financial institutions, and foreign and domestic businesses on the applicability and effect of Canadian economic sanctions, including advice on the applicability and scope of economic sanctions, how to ensure ongoing compliance with economic sanctions, how to manage and voluntarily disclose breaches of economic sanctions while limiting the risk of administrative or criminal penalties, and de-listing applications to Global Affairs Canada.

Import and Export Controls

  • Counsel and advisor to domestic exporters on the applicability of export control laws, including performance of internal investigations/audits, the development of internal export control policies and procedures, and undertaking successful voluntary disclosures.

Diplomatic Immunity

  • Counsel to States, their Embassies, and diplomatic personnel in superior and appeal court proceedings where complex state and diplomatic immunity defences arise. Also advised on the scope and limitations of state and diplomatic immunity as it applies in Canada.
  • Counsel and advisor on the protection and repatriation of foreign State property on Canadian soil, including the status of diplomatic bank accounts and the question of their inviolability. As counsel for the State of Libya, successfully repatriated a multi-million-dollar state property situated in Canada purchased through corrupt funds by the son of the late dictator of Libya, Colonel Muamar Qadhafi.

Canadian Anti-dumping and Countervailing Duty Investigations

  • Counsel for domestic industry and exporter/importer clients in numerous Canadian anti-dumping and countervailing duty investigations, including:
    • Dry Wheat Pasta from Turkey, Inquiry No. DWP 2017 IN (CBSA) and NQ-2017-005 (CITT)
    • Polyethylene Terephthalate Resin from China, India, Oman and Pakistan, Inquiry No. PETR 2017 IN (CBSA) and NQ-2017-003 (CITT)
    • Certain Fabricated Industrial Steel Components from China, South Korea and Spain, Inquiry No. FISC 2016 IN (CBSA) and NQ-2016-004 (CITT)
    • Welded Large Diameter Carbon and Alloy Steel Line Pipe from China and Japan, Inquiry No. 4214-47, 4218-44 (CBSA) and NQ-2016-001 (CITT)
    • Concrete Reinforcing Bar from Belarus, Chinese Taipei, Hong Kong, Japan, Portugal, and Spain, Inquiry No. RB2 2016 IN (CBSA) and NQ-2016-003 (CITT)

Chambers Canada

  • Dispute Resolution: Arbitration (since 2024)

Who's Who Legal

  • Trade and Customs: Canada (since 2023)

Best Lawyers in Canada

  • Administrative and Public Law (since 2022) 
  • International Arbitration (since 2021) 
  • International Trade and Finance Law (since 2021) 

Publications

  • Co-Author (with Greg Tereposky and Kun Hui), “Investment Treaty Signatories’ Joint Interpretation and the Case of the NAFTA Free Trade Commission: Evolutionary Interpretation or Modification?”, Book Chapter in Evolutionary Interpretation and International Law, Hart Publishing (2019).
  • Author, "Corruption of Foreign Officials:  Say "No" Abroad or Expect Prosecution at Home", Frontline Magazine, August 2012.

 

Speaking Engagements

  • Panel Moderator, “Special Economic Zones, an Accelerator for Trade and Investment in Latin America: Analysis from a Trade, Customs and Tax Perspective”, American Bar Association (ABA) International Conference, Mexico City, November 8, 2018.
  • Co-Presenter, Implications of Brexit for Corporate Canada, the 7th Annual Law Society of Upper Canada Continuing Legal Education Seminar for In-House Counsel, February 2017.
  • Chair/Moderator/Speaker, "Opportunity or Barrier? The Effects of the Trans-Pacific Partnership on Energy Trade Investment," American Bar Association, International Law Section Fall Session, October 2016.
  • Speaker, Canada's Sanctions Against Russia, presented to the Canada Eurasia Russia Business Association, May 2014.

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