Todd Weiler
Investment treaty arbitration is a form of dispute settlement that provides foreign investors with potential relief when they have experienced, or are experiencing, business difficulties in a host country. Protection typically only extends to difficulties arising from the act(s) or omission(s) of an arm of the host State (including the executive, the courts, the legislature, administrative or regulatory officials and even the police or the military, both at the national and local levels).

The arbitration process begins with the submission of a claim for compensation to an impartial, independent and international tribunal (established either
ad hoc or institutionally). The right to submit such claims is regulated by an overlapping web of over three thousand bilateral and multilateral treaties, as well as the foreign investment protection statutes of some host countries. Prudent investors should always be careful to ensure that their investments have been made in such a manner as to be qualified for protection under one of these treaties.
Todd Weiler (S.J.D. Michigan) is a Canadian lawyer who specializes in the field of investment treaty arbitration. He has been involved in dozens of arbitrations and investment disputes, serving either as counsel, consultant, expert or arbitrator.

Counsel

As counsel, Dr Weiler provides legal teams with what the Global Arbitration Review commended in 2005 as a unique “bolt on service” for investment treaty arbitration.

Services provided typically include:

  • Working with investors to anticipate and avoid new claims.
  • Creatively assessing existing disputes and identifying dispute settlement options;
  • Assembling an arbitration team tailored to suit the client's needs;
  • Developing optimal strategies for gathering and presenting evidence;
  • Drafting and delivering oral and written arguments; and
  • Pursuing optimal collection strategies after the award has been issued.

Consultant

As a consultant, Dr Weiler provides timely advice on the conduct of highly specialized investor-state arbitrations, including:

  • Strategically framing theories of the case;
  • Taking full advantage of available access to information legislation;
  • Advising on arbitrator selection and challenge;
  • Advising on the tactics and procedure of this specialized field of arbitration;
  • Adding value to the process of drafting and presenting arguments; and
  • Providing discrete advice to counsel at any point during the course of a dispute, without making an official appearance on the record.

Expert

When serving as an expert, Dr Weiler provides:

  • Legal opinions to governments, NGO’s and potential claimants on potential or existing investment disputes;
  • Evidence to national courts both on international law and on questions of arbitral law and procedure; and
  • Evidence to international courts and tribunals on substantive international economic law.

Arbitrator

Dr Weiler is available to serve as presiding or party-appointed arbitrator in any type of investment dispute, whether arising out of contract, treaty or national legislation. He is also available to serve as arbitrator or mediator in purely commercial transnational disputes.

Dr Weiler possesses a broad range of experience in difference economic sectors and industries, including:

  • Natural resources;
  • Agricultural commodities;
  • Tobacco regulation;
  • Electronic commerce;
  • Hospitality and gaming;
  • Logistics and project management; and
  • Development bank funded projects.