Investment treaty arbitration is a form of international dispute settlement that provides foreign investors with potential relief when they have experienced, or are experiencing difficulties involving the government of a host country.

The arbitration process typically begins with the submission of a claim for compensation, which is submitted to an impartial, independent and international tribunal (established either ad hoc or institutionally). The right to submit such claims can be found in a web of over three thousand bilateral and multilateral treaties, as well as in certain foreign investment protection laws and/or agreement concluded directly with a host government agency. 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

Todd Weiler 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.
Dr. Weiler has two decades of experience working with different teams of lawyers and experts, tailored to suit the needs of each individual case.

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;
  • Agriculture;
  • Tobacco regulation;
  • Internet regulation;
  • Intellectual property;
  • Electronic commerce;
  • Hospitality and gaming;
  • Commercial and resident real estate development;
  • Environmental regulation;
  • Logistics and project management; and
  • Development bank funded projects.