/ Experience
Over three decades of investor-state and international arbitration. Many mandates are confidential; the following represent disclosed matters.
Ethyl Corporation v. Canada
The first NAFTA investor-state arbitration decisions ever rendered, guided to a successful settlement. The tribunal's preliminary decisions established foundational principles of Chapter 11 jurisdiction that still govern the field.
S.D. Myers Inc. v. Canada
One of the most significant early NAFTA awards. The tribunal found Canada had breached national treatment and minimum standard of treatment; the Federal Court dismissed Canada's set-aside application.
Bilcon of Delaware v. Canada
A landmark decision finding that Canada's joint environmental review panel violated international fairness standards and exceeded its mandate, breaching Chapter 11 obligations to US investors in Nova Scotia.
Pope & Talbot Inc. v. Canada
A significant award in the Canada–US Softwood Lumber context. The tribunal found Canadian officials had breached the minimum standard of treatment under international law.
United Parcel Service v. Canada
Represented one of the world's largest logistics companies in a Chapter 11 claim alleging Canada failed to extend national treatment in the courier and parcel-delivery market.
Mesa Power LLC v. Canada
A renewable-energy program arbitration arising from Ontario's preferential treatment of politically-favoured companies, involving novel procedural issues in US courts.
Tennant Energy LLC v. Canada
Represented a US investor denied contracts under Ontario's publicly-administered energy program. Canada made public admissions of unfair and non-transparent treatment.
Continental Casualty Co. v. Argentina
Represented a US investor in ICSID proceedings arising from BIT breaches during Argentina's 2001 financial crisis — one of a wave of claims from that period.
MCI Power Group & New Turbine v. Ecuador
Represented US investors in ICSID proceedings arising from Ecuador's treatment of investments in the power sector, engaging expropriation and the FET standard.
Riverside Coffee, LLC v. Nicaragua
Represented a US investor against Nicaragua over unlawful treatment of a protected agricultural investment, engaging CAFTA-DR protections affecting coffee operations.
Gabourel Family Trust v. Honduras
A complex expropriation case under CAFTA-DR against Honduras, resolved through settlement — demonstrating favourable outcomes without a full merits hearing.
Noble Ventures, Inc. v. Romania
Addressed significant issues of state responsibility, the scope of BIT protections, and states' obligations toward foreign investors in the context of post-communist privatization.
Many of the firm's mandates are confidential and do not appear in this list. Proceedings span North America, South America, and Europe under NAFTA, USMCA-CUSMA, ICSID, UNCITRAL, CAFTA, the Energy Charter Treaty, and bilateral investment treaty frameworks.
Contact Prof. Appleton for an initial assessment of your matter.