International Investment Disputes


Canadian companies doing business in overseas markets (especially developing countries and emerging markets) are interested in protecting their cross-border investments from unfair/discriminating treatment and expropriation/nationalization.  Cross-border investments may be structured to utilize the benefits under Canada’s foreign investment promotion and protection agreements, investment chapters in Canada’s free trade agreements and other bilateral investment treaties.

A foreign investment promotion and protection agreement (and a bilateral investment treaty) is a bilateral or multilateral treaty that establishes the terms and conditions for private investment by businesses of one state in another state.  Canada has signed foreign investment promotion and protection agreements with 32 countries (including Argentina, Armenia, Bahrain, Barbados, China, Cost Rica, Croatia, Czech Republic, Ecuador, Egypt, Hungary, India, Jordan, Kuwait, Latvia, Lebanon, Panama, Peru, Philippines, Poland, Romania, Russia, Senegal, Slovak Republic, Thailand, Trinidad & Tobago, Ukraine, Uruguay and Venezuela.

LexSage provides investment treaty advice and assists clients in the development on international risk mitigation strategies to protect their cross-border investments in other countries.  The investments can be structured in such a way to take advantage of substantive investment treaty protections and arbitration dispute settlement options should the need arise.  Investments in some countries face greater risk of expropriation, nationalization, unfair tax treatment, and/or discrimination.  Our clients operate in many industries including mining and resources, construction, energy, telecommunications, transportation and logistics, financial services, insurance, hospitality and information technology.

LexSage also represents clients in investment treaty disputes (known as investor-state disputes).  Our core competency is the interpretation of investment treaty obligations and case law.  We have worked with litigation teams in an advisory role.

Representative Cases

Cyndee Todgham Cherniak has been involved in a number of NAFTA Chapter 11 investor-state disputes as an advocate or an advisor, including:

  • John Andrew v. Government of Canada (request for consultations)
  • Methanex v. Government of the United States of America
  • Tembec Corp v. Government of the United States of America
  • Pope and Talbott v. Government of Canada
  • S.E. Meyers v. Government of Canada
  • Ethyl Corporation v. Government of Canada

Additional Information About LexSage

Cyndee Todgham Cherniak is available to act as an arbitrator in international investment arbitrations.  Cyndee is recognized as a leading lawyer in the area of customs and trade laws, including: 

  • The International Who’s Who of Trade and Customs Lawyers (2010, 2011, 2012)
  • The International Who’s Who of Business Lawyers: Canada (2011, 2012)
  • The Legal Media Group Guide to the World’s Leading International Trade Lawyers (2007 – present)
  • The Legal Media Group Guide to the World’s Leading Women Lawyers in Business (2010-2011, 2012-2013)
  • The Legal Media Group Guide to the World’s Leading China Lawyers – International Trade Lawyers (2011/2012)
  • Chamber’s Global:  The World’s Leading Lawyers for Business (2006 – present)
  • Canadian Legal Lexpert® Directory (2004-2007).

Articles you might find interesting

*LexSage Professional Corporation is approved by the Law Society of Upper Canada