Jennifer Radford is a founding partner of Tereposky & DeRose. She leads the firm’s ISDS practice and focuses on defending States against ISDS claims. Ms. Radford is a senior litigator with 19 years of experience before Superior Courts, Appellate Courts, the Federal Court, commissions, and numerous administrative tribunals. She started her practice at Canada’s national law firm, Borden Ladner Gervais LLP, where she practiced civil litigation for 15 years, with a focus on international trade law issues such as export controls and economic sanctions. She also has significant experience in representing foreign States and Embassies carrying out diplomatic missions in Canada, having acted as counsel in precedent setting court cases involving complex state and diplomatic immunity issues and assisting in official diplomatic communications with the Government of Canada regarding a wide range of diplomatic relations issues.

Her recently concluded ISDS defences include:

• Mr. Joshua Dean Nelson and Mr. Jorge Blanco v. United Mexican States (NAFTA, UNCITRAL). The Claimant’s were seeking US 472 million plus interest and costs brought by a US national under the NAFTA. By Final Award dated June 5, 2020, the Tribunal dismissed all of the investor’s claims and ordered the Claimant to pay over US$2 million in costs to Mexico
• Lion Mexico Consolidated v. United Mexican States (NAFTA, ICSID-AF). The Tribunal issued a decision on jurisdiction dated July 30, 2018 in which Mexico successfully reduced the Claimant’s damages claim by over USD 141 million

Pending ISDS Cases:

• Lion Mexico Consolidated v. United Mexican States (NAFTA, ICSID-AF)
• B-Mex, LLC and others v. United Mexican States (NAFTA, ICSID-AF)
• Euteslat S.A. v. United Mexican States (Mexico-France BIT, ICSID-AF)
• Carlos Sastre et al v. United Mexican States (NAFTA, México-Argentina, México-Portugal, México-Francia, BITs - UNCITRAL)
• Odyssey Marine Exploration, Inc. v. United Mexican States (NAFTA, UNCITRAL)
• Espiritu Santo Holdings, LP v United Mexican States (NAFTA, ICSID)
• Coöperatieve Rabobank U.A. v. United Mexican States (Mexico-Netherlands, ICSID)
• First Majestic v. United Mexican States (NAFTA)

Ms. Radford is also currently lead counsel in representing the United Mexican States in two applications to set aside international investor-state arbitration awards before the Ontario Superior Court of Justice, namely:

• Vento Motorcycles, Inc. v. United Mexican States (OSCJ)
• Mr. Joshua Dean Nelson v. United Mexican States (OSCJ)