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Media Coverage quotes Peter Kirby in an article on investment arbitration

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“Arbitrage d’investissement: une injustice d’exception au service des multinationales” by Mathilde Dupré, quotes Montréal lawyer, Peter Kirby, in an article on investment arbitration.

Of course, corporations do not always win. Nonetheless, the United Nations says that 60% of cases resulted in some form of compensation by the accused State pursuant to an unfavourable decision by the tribunal or a settlement agreement. Since investors have a monopoly on these actions, States never win: at best, they don’t lose. And the mere fact of being exposed to this type of action contributes to a kind of regulatory chill that may deter local, national or European authorities from making new regulations to protect consumers, workers or the environment – a risk of being taken before a tribunal that is skillfully exploited: “This is a lobbying tool in the sense that it is possible to say: ‘Okay, if you do that, I will bring an action against you for damages.’ In some cases, that will definitely alter behaviour,” as Peter Kirby of Fasken Martineau acknowledged.