NAFTA Chapter 11 protects Canadian investments in the US and Mexico as well as US and Mexican investments in Canada. The protections include non-discrimination, a minimum standard of treatment in accordance with international law, limitations on the use of “performance requirements” (such as local content rules), freedom to repatriate profits and other returns, and fair market value compensation for expropriated property. Canada also has bilateral Foreign Investment Protection and Promotion Agreements (FIPPAs), which provide similar protections with over 25 countries.

We offer investors and government bodies a full range of investment protection services, including:

		Contracting. Advising on the scope of treaty protections available for investments in particular jurisdictions and negotiating additional contractual protections when investments are being made
		Compliance. Analyzing possible claims for breaches of NAFTA or a FIPPA and seeking changes to address any non-compliance
		Dispute Resolution. Arbitrating investment claims, negotiating possible settlements, and initiating or defending judicial reviews of arbitral awards

	Representative Transactions/Cases
			Advised US forest products company on potential claim under NAFTA Chapter 11 in relation to the Canada - United States Softwood Lumber Agreement
			Represented the auto industry in Ethlyl Corporation's challenge of the Manganese-Based Fuel Additives Act under NAFTA Chapter 11
			McMillan Chairman J.W. Rowley QC is President of the arbitral panel in Compañia De Aguas Del Aconquija S.A. and Vivendi Universal S.A. v. Argentine Republic (ICSID investment arbitration)
			McMillan Chairman J.W. Rowley QC was a member of the arbitral panel in Methanex v. United States of America (NAFTA Ch. 11 Arbitration panel)

	Publications / Presentations
	2003 Canada Chapter in International Protection of Foreign Investment Salzburg: Yorkhill Publishing (2003, Looseleaf, update forthcoming in 2006)
	November 1999 Investor - State Dispute Resolution Under the NAFTA Investment Rules Chapter International Trade and Commodity Tax Bulletin