international arbitration
As international trade and investment have grown, international business disputes have followed. Most business people prefer to resolve these disputes through arbitration under trusted international rules rather than in unfamiliar foreign courts.
Our lawyers provide compelling advocacy before international arbitration tribunals. We have handled international arbitrations involving parties from every corner of the world and arising from international contracts in all major industries. We have appeared before tribunals established under the rules of all major international and regional institutions, including the ICC, AAA/ICDR, ICSID, LCIA, SCC and HKIAC, and seated in jurisdictions both inside and outside Canada.
Companies doing business in emerging markets are also increasingly aware of the role of international arbitration and investment protection treaties in mitigating the risks of political and legal instability. Our lawyers assist companies whose investments in emerging markets are threatened by the actions of a host state. We have represented investors in arbitrations brought against states under a wide range of investment protection treaties, including NAFTA and many bilateral investment treaties.
Members of our team have developed an international reputation for excellence in this growing area. They have been recognized by leading legal directories, including Chambers Global, Global Arbitration Review, International Who's Who of Commercial Arbitration, Euromoney's Guide to the Leading Experts in Commercial Arbitration and Best Lawyers in Canada.
Representative Transactions/Cases
Natural Resources & Energy
-
Arbitrated oil, gas and electricity disputes involving PSC's, AMI's, long term supply contracts, pricing and stabilization agreements in various jurisdictions including Australia, Cote d'Ivoire, India, Kuwait, Peru, Poland, Russia and Venezuela.
- Represented a major multinational mining company in a US$100 million ICC arbitration seated in Paris involving a joint venture in a West African state.
- Represented a listed mining company in a dispute over mining rights before the Mongolian National Arbitration Court.
- Acted for a Canadian mining company in an arbitration commenced by its Venezuelan joint venture partner.
-
Acted for a listed international energy company in a US$1.4 billion dispute arising from a long-term gas supply contract and successfully defended the award in subsequent court challenges. Our client was awarded US$1.3 million in costs.
Construction & Engineering
Transportation
Insurance & Financial Services
Technology, Media and Telecommunications
-
Arbitrated telecom disputes (Bermuda, Belize, India, Seychelles, UK, West Africa and US).
- Acted for an investor in the Cuban National Telephone company in successfully defending a challenge to an arbitral award arising from alleged breaches of a subscription agreement.
- Acted for a long distance telephone provider in an arbitration under the Uniform Domain Name Dispute Resolution Policy under ICANN regarding cybersquatting.
- Acted for a US technology company in an arbitration against a Canadian company arising out of a license agreement.
Investor-State Arbitrations
-
Arbitrated NAFTA, ICSID and UNCITRAL investor-state disputes (Canada/US, France/Argentina, Italy/Georgia, Netherlands/Azerbaijan, US/Canada and US/Peru).
- Counsel for a Canadian mining company in an UNCITRAL arbitration against the government of Ecuador arising from a mineral exploration project.
- Advised a mining company with operations in an Asian country on an ICSID arbitration relating to that country's breaches of an investment agreement.
- Advised a Canadian mining company on its remedies under the Canada-Venezuela bilateral investment treaty.
- Counsel in several NAFTA UNCITRAL arbitrations against the government of Canada.
- Counsel in the successful defence of a challenge to a NAFTA UNCITRAL award against the Government of Canada.
- Counsel in several ICSID bilateral investment treaty arbitrations against governments in Latin America and Eastern Europe in disputes in the electricity, financial services and manufacturing sectors.
- Advised industry associations on potential interventions in NAFTA Chapter 11 arbitrations, including the first ever NAFTA Chapter 11 arbitration.
Antitrust Arbitrations
General Commercial Arbitrations
-
Arbitrated disputes involving aircraft supply contracts (US/China), IP licensing agreements (US/UK), telephone supply agreements (US/Africa) and hotel management agreements (US/Dubai).
-
Acted in a $100 million ICC arbitration between a Spanish and a Canadian company relating to the interpretation of the pricing mechanism in a long term chemical supply contract.
-
Acted in an ICC arbitration between a Canadian and a Hong Kong-based company arising out of a sale of goods contract.
- Acted in a Stockholm Chamber arbitration and related litigation between a Canadian distributor and a Spanish energy company arising out of a sale of goods contract.
- Advised a Canadian company on a CIETAC arbitration against a Chinese state-owned entity.
- Acted for the purchaser in a dispute concerning accounting issues and pricing readjustments arising out of the purchase of a parts distribution business.
- Acted for a large public American corporation in an international arbitration involving accounting issues arising out of the proper calculation of profits after the acquisition of a business.
-
Acted in a dispute over the valuation of assets in Canada, the Bahamas and Turks and Caicos.
Publications / Presentations
|