Investment treaty disputes are complex, high-stakes matters that demand experienced, specialized counsel. Clients turn to one of Canada’s largest and most active international arbitration teams for strategic, results-driven representation.
BLG has one of the country’s largest portfolios of active international disputes and highest value of pending counsel work (over US$3.5 billion in 2025). We have acted for governments, state-owned entities, businesses and even individual investors in dozens of ICSID and UNCITRAL investor-state disputes.
Top-ranked investor–state arbitration and investor-state dispute settlement (ISDS) team
The firm’s international arbitration accolades are impressive. Chambers (Canada and Global),Benchmark Litigation, Best Lawyers, Lexpert and Lexology Index have all recognized our team members, and GAR 100 has included BLG in its guide to “approved” international arbitration specialists every year since 2018.
Proven results in ICSID and UNCITRAL disputes
We’re known for our past work representing Mexico, for having secured pre-judgment attachments and successfully defeated the Republic of India’s sovereign immunity in enforcement proceedings — where our work has helped establish leading case law in the country— and advising both investors and sovereigns on investor-state and state-to-state claims and structuring of investments to maximize available protections. We’ve had impressive wins in high stakes ISDS arbitrations across industries, particularly mining, energy, infrastructure, construction and telecommunications.
The experience you need: end-to-end investment treaty arbitration capability
BLG is one of the only Canadian firms with experience across the entire life cycle of an investor-state dispute, from structuring of investments and acquisitions, pre-arbitration consultations, representing clients—both investors and states—in the arbitration process, set-aside applications, through to enforcement of awards before the courts. Our team draws on deep experience in public international law, international arbitration and domestic litigation to address the full range of legal, strategic and policy issues that arise in ISDS matters. We advise on strategies, negotiate early settlements, conduct detailed reviews and recommend alternative forms of resolution. Our excellent relationships with experts, particularly when determining the value of claims, helps you maximize available damages.
Members of the BLG team bring experience at the highest levels of government and international organizations, grounding our ISDS practice in exceptional depth across public international law and international arbitration.
Unique insight from treaty negotiation and drafting
BLG’s ISDS team is part of a small group of lawyers in private practice worldwide who negotiate treaties on behalf of governments. This experience helps us confidently interpret treaties and determine where opportunities and risks may lie for our investor clients. On the flip side, our experience working for investors helps us draft better clauses when negotiating treaties for government clients.
Third-party funding and arbitration cost strategies
We have solid relationships with many third-party funders, including Fortress Investment Group, as well as Burford Capital and Omni Bridgeway, both of which have spoken publicly about their confidence in our team. And because legal fees can quickly escalate on ISDS files, we work hard to maximize value and minimize cost, efforts that were recently commended by an international arbitral tribunal.
International arbitration lawyers with global experience
Our multi-lingual (including Spanish) ISDS lawyers — a number of whom have the FCIArb designation — are sought-after arbitrators, academics, media commentators, authors and treaty advisors. Many have been involved in large ICSID investment treaty disputes at global firms and the Permanent Court of Arbitration before coming to BLG. The Honourable Edward Chiasson — who co-founded BLG’s arbitration practice in the 1980s — continues to provide strategic input today as senior counsel.
How we can help you with your investor-state dispute resolution
Our ISDS team has successfully assisted clients with:
- Disputes under bilateral investment treaties, free trade agreements, regional and multilateral treaty regimes and contracts with state parties, including investment agreements, concessions and licenses.
- Claims involving a social licence to operate, human rights and environmental issues, including impact assessments.
- Denial of justice and discriminatory treatment claims.
- Umbrella clauses and claims involving taxation.
- Structuring foreign investments in the most advantageous way to maximize protection under applicable treaties.
- Procedural strategies, including choice of jurisdiction, institutional rules, seat and arbitrator, and arbitrator challenges.
- Substantive strategies, including determining the strength of a claim under a particular treaty, assessing damages, finding experts and assessing the likelihood that a home state will make a claim on behalf of an investor.
- Pre-arbitration consultations and negotiations, as required under certain treaties and to avoid arbitration.
- Arbitrations involving United Nations Commission on International Trade Law (UNCITRAL), International Centre for Settlement of Investment Disputes (ICSID), International Chamber of Commerce (ICC), Stockholm Chamber of Commerce (SCC), Vienna International Arbitral Center (VanIAC), International Centre for Dispute Resolution/American Arbitration Association (ICDR/AAA) and Permanent Court of Arbitration (PCA).
- Negotiating treaties on behalf of governments.
- Obtaining third-party funding.
- Negotiations to de-escalate conflict, find common ground and achieve dismissal of claims.
- Developing global, multi-jurisdictional investor-state award-enforcement strategies.
- Recognition and enforcement of investor-state awards before Canadian courts.
- Securing pre-judgment attachments in the context of recognition and enforcement proceedings.
