Investor-State Law Guide

Organizations Tereposky & DeRose LLP

Organizations  Tereposky & DeRose LLP

Defending sovereign States in high-stakes investment disputes is one of the foundations of Tereposky & DeRose LLP. Our lawyers have defended the United Mexican States in over 30 investor-state arbitrations since 1997, involving individual claims ranging between USD 20 million and USD 2.7 billion. We have extensive experience at all stages of arbitration proceedings under the ICSID, ICSID AF, and UNCITRAL arbitration rules, and under many investment treaties, including: United Kingdom-México Treaty; France-México Treaty; Netherlands-México Treaty; Spain-México Treaty; North American Free Trade Agreement (NAFTA); Singapore-México Treaty; Panama-México Treaty; and Portugal-México Treaty.

Our arbitrations have covered a broad range of investments, including public-private partnerships, waste disposal services (including hazardous waste), health services, telecommunications services, satellite services, financial and insurance services, shipping and support vessels, transportation, vehicle assembly, food product manufacturing, energy and mining (including undersea mining), gaming, hotels and tourism, and cultural industries.

We have first-hand knowledge of an enormous range of facts, strategies, and substantive and procedural complexities, and we have experienced the evolution of investment protections from traditional treaties to the NAFTA to recent multilateral agreements such as the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

We have direct experience with the interface between investment rights and obligations and those under international trade agreements relating to cross-border trade in goods and services and foreign direct investment. Our lawyers were counsel in parallel trade and investor-state proceedings: Mexico - Tax Measures on Soft Drinks and Other Beverages (WTO-DS308); Cargill Incorporated v. United Mexican States (ICSID Case No. ARB(AF)/05/2); Corn Products International Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/1); and Archer Daniels Midland and Tate & Lyle Ingredients Americas Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/5).

In addition to arbitrations, we advise sovereign States on the interpretation and application of investment treaties.

Our team brings together complementary expertise. The principal members of our team are:

  • Jennifer Radford leads our ISDS defence team. She is an experienced court litigator whose practice is focused on defending States in investment arbitrations and assisting in other State matters including recovering sovereign assets. Her strengths include recognized cross-examination skills that are both strategic and intense. Following a particularly effective cross-examination of a star witness for a claimant, an arbitrator on the Tribunal was overheard saying “now that’s how you do a cross”. Her recent successes include the dismissal of a USD 500 million claim in Joshua Dean Nelson, in his own right and on behalf of Tele Fácil Mexico, S.A. DE C.V. (“Tele Fácil”) v. United Mexican States (ICSID Case No. UNCT/17/1) with costs awarded to Mexico of over USD 2 million. She is currently overseeing teams in six arbitrations and two court proceedings in which claimants are seeking to set aside arbitration awards.
  • Greg Tereposky has acted as counsel in both investor-state arbitrations and trade disputes (WTO and regional trade agreements). He brings to investment claims defences his knowledge of the nuances of discrimination, restrictions and exceptions, and the application of Articles 31 and 32 of the Vienna Convention on the Law of Treaties, which have been highly developed in WTO law. He has acted as counsel in parallel investor-state and WTO proceedings.
  • Vince DeRose also brings experienced court litigation skills to our ISDS defence team. Over the course of his 20-year career, Vince has represented government and private sector clients in high-stakes matters concerning investor-state dispute settlement, public procurement, and trade, and has appeared as counsel before arbitrators, courts, tribunals and administrative agencies. He regularly assists in the firm’s defence of investment arbitrations.
  • Cameron Mowatt, our Senior Counsel, has experienced every investment claim and arbitration procedural matter encountered by the United Mexican States since 1997. He has also advised another sovereign State and State-owned entities on ISDS issues.
  • Ximena Iturriaga has a decade of government and private-sector experience in investor-state arbitrations and trade issues, including trade and investment negotiations.
  • Alejandro Barragan is an economist who has 17 years of experience defending damages claims in ISDS arbitrations. He has prepared damages defences, instructed and prepared experts and cross-examined expert witnesses.

Representing sovereign States in trade and investment disputes for three decades, we have extensive experience with the budgetary constraints facing governments and are able to provide our services within those constraints.

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