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Canada’s Federal System and Investment Treaty Arbitration: ICSID Ratification and Claims from Provincial and Territorial Measures [1]

April 17th, 2013

This article originally appeared in the December 2012, Vol 21, No. 2, edition of the Canadian Arbitration and Mediation Journal.

Written by Barry Leon, Andrew McDougall & John Siwiec [2]

I. Introduction

The large majority of investor-state disputes arise within the context of Bilateral Investment Treaties (BITs) – known as Foreign Investment Promotion and Protection Agreements (FIPAs) in Canada. BITs provide standards of protection for investors of the contracting state and their investments in the host state. They also provide procedural mechanisms for the settlement of disputes through arbitration directly between the investor and the host state. Canada is currently a party to twenty-four FIPAs and four Free Trade Agreements (FTAs) [3] that provide for investor-state arbitration, most notably Chapter Eleven of the North American Free Trade Agreement (NAFTA) [4] between Canada, the United States and Mexico. For ease of reference, both FIPAs and FTAs that include investor-state arbitration will be referred to as Investment Treaty Agreements (ITAs).
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