North America

Canada and the United States have signed about 180 investment agreements.

They are both party to the North American Free Trade Agreement (NAFTA) with Mexico. Sixty-seven disputes were launched under NAFTA.

NAFTA was recently renegotiated and replaced by the US-Mexico-Canada Agreement (USMCA) that was signed in November 2018 and is yet to enter in force. The investor-state dispute settlement (ISDS) mechanism between the US and Canada, and between Mexico and Canada has been removed – even though it is included in the Trans-Pacific Partnership, to which both Mexico and Canada belong. Only limited claims are allowed between the US and Mexico, after exhaustion of local remedies. But the ISDS mechanism has been maintained between the two countries for claims pertaining to Mexico’s oil and gas sector.

The US is also party to the Dominican Republic–Central America Free Trade Agreement (CAFTA), with six Central American states. US investors have initiated all 11 known CAFTA disputes.

Canada has an investment treaty with China and is party to the Comprehensive Economic and Trade Agreement (CETA) with the European Union. CETA includes a revised ISDS mechanism, the investment court system, which has been critiqued for not addressing the core of the problem behind the mechanism.

US investors have extensively used the ISDS mechanism. They have initiated around 180 disputes, over 17% of all known cases, making the US the most frequent home state of investors. The US has never lost an ISDS case.

Canadian investors have initiated about 50 disputes and Canada has been the fourth most frequent target among ‘developed’ states (9th globally), with 29 cases.

Photo: Public Citizen

(April 2020)

Public Citizen | 3-Nov-2023
The groups argue that removing ISDS — which has prioritized corporate rights over those of governments, people, and the planet — is needed to protect policies necessary for a clean energy transition.
Corporate Knights | 30-Oct-2023
First Quantum notified the government of its intent to initiate arbitration under the Canada-Panama Free Trade Agreement in 2022, during the contract’s negotiation process.
Rethink Trade | 30-Oct-2023
The Investor-State Dispute Settlement regime to date has generated $47 billion in pending corporate demands for taxpayer compensation in claims against the 12 APEP nations’ climate, health, and other public-interest policies.
Ecofin | 24-Oct-2023
L’État tanzanien a négocié un accord à l’amiable avec Winshear Gold, après avoir été condamné à verser plus de 100 millions $ à Indiana Resources.
The Citizen | 6-Oct-2023
Another Canadian mining company, Montero Mining & Exploration has confirmed a date for the hearing of an investment dispute where it is claiming a Sh168 billion (C$90m) compensation against the United Republic of Tanzania.
CIAR Global | 28-Sep-2023
La minera canadiense Montauk Metals (anterior Galway Gold) busca financiación para continuar el arbitraje iniciado en 2018 contra Colombia por un proyecto minero en un ecosistema de gran altitud, actividad que fue declarada ilegal por el Gobierno colombiano en 2016.
The East African | 28-Sep-2023
Canadian firm Winshear Gold Corp has announced the suspension of its multimillion-dollar arbitration proceedings against Tanzania over a mining license dispute dating back to 2018, saying it had reached a “conditional settlement agreement” with Dodoma.
St. Vincent Times | 22-Sep-2023
Grenada government in talks with developers to resume major hotel project after a resolution to their dispute.
Junior Mining Network | 22-Sep-2023
Winshear Gold Corp. reports that pursuant to the company’s arbitration case against the Republic of Tanzania, the company and Tanzania have suspended arbitration proceedings and have reached a conditional settlement agreement.
CIAR Global | 19-Sep-2023
Los arbitrajes de inversiones contra Honduras siguen saltando a la actualidad del sector en el ámbito internacional.