Ian A. Laird
Overview
When geopolitics leads to disputes, Ian A. Laird’s clients trust him for his extensive experience in international arbitration and under different treaty rules. Ian represents clients who are dealing with sensitive commercial and international disputes around the globe. With a keen eye for political risk, clients rely on him for his ability to respond quickly and efficiently when needs arise.
Career & Education
- Canada
Chief of Staff to the Minister, Citizenship and Immigration Canada, 2003–2004 - Canada, Province of Ontario
Special Assistant to the Minister, Ontario Ministry of Energy, 1988–1989
Special Assistant to the Minister, Ontario Ministry of Citizenship, 1989–1990
- Canada
- McGill University, B.A., joint honors, philosophy and political science, 1987
- University of Windsor, Faculty of Law, Windsor, Canada, LL.B., 1993
- University of Cambridge, Faculty of Law, Cambridge, U.K. (St. Edmund's College), LL.M., 1998
- Ontario, Canada
- Licensed to practice as a Special Legal Consultant in the District of Columbia
Professional Activities and Memberships
- Law Society of Ontario—Called to the Ontario Bar, and enrolled as a Solicitor of the Court of Appeal of Ontario
- District of Columbia—Licensed to practice as a Special Legal Consultant
- Ontario Bar Association (OBA)—International Law Section, Past-Chair, Section Executive Committee
- Canadian Bar Association (CBA)—International Law Section, Past-Co-Chair, Trade and Investment Committee
- American Bar Association (ABA)—International Law Section, Member
- Canadian Chamber of Commerce (CCC)—Arbitration Committee and ICC Canada Roster of Arbitrators
- Young Canadian Arbitration Practitioners (YCAP)—Founder and former Executive Committee Member
- International Investment Law Center (International Law Institute, Washington, D.C.) (IILC)—Co-Director of Center
- ILI Series on International Law, Arbitration and Practice (Juris Publishing)—Co-General Editor
- American Review of International Arbitration (ARIA), Term 2019 – 2024—Advisory Board Member
- UNCITRAL, Working Group III—Observer delegate representing the International Law Institute
- Co-founder and co-chair of World Arbitration Update
- Co-founder and co-chair of Washington Arbitration Week
- French
Ian is very professional and is always available to respond to urgent matters … He is a pleasure to work with and has commercial sensibility … Ian is tremendously familiar with the ICC procedures and is fantastic in trial.
— Chambers, 2022
Ian's Insights
Event | 11.18.24
The Eighteenth Annual Investment Treaty Arbitration Conference: A Debate & Discussion
JURIS Conferences is very excited to present this upcoming program, hosted for the first time in New York City at the new office location of Crowell & Moring. This four-panel program will feature leading arbitration practitioners and scholars who will tackle important questions of international investment law and arbitration.
Speaking Engagement | 10.09.24
Representative Matters
- Representing the Alberta Petroleum Marketing Commission (APMC) regarding its NAFTA claim against the U.S. government for damages of at least $1.3 billion CAD concerning APMC’s lost investment in the Keystone XL pipeline (Alberta Petroleum Marketing Commission v. United States).
- Successfully defended a Fortune 100 company in a $120 million commercial arbitration claim brought by an Israeli company under the ICC Rules of Arbitration, involving alleged breaches of a supply agreement governed by New York law.
- Appointed as claimant-appointed arbitrator in an UNCITRAL arbitration under the Agreement Between The Government of the Republic of Lithuania and the Government of Kyrgyz Republic for the Promotion and Protection of Investments (Garsų Pasaulis UAB v. Kyrgyz Republic).
- Appointed to a three-member ICC Arbitration Rules panel in respect of a confidential multi-million dollar claim between Canadian and U.S. parties concerning a construction contract.
- Represented as lead counsel a multinational joint venture in securing a $494 million award against an Egyptian state entity, and defeating a $500 million counterclaim, with respect to the unlawful termination of a contract to build a port in Damietta, Egypt. The arbitration was conducted under the ICC Rules of Arbitration. (DIPCO v. Damietta Port Authority)
- Representing a Russian national in a $100 million UNCITRAL arbitration against the State of Kuwait. (Lazareva v. Kuwait)
- Appointed as claimant-appointed arbitrator in an ICSID arbitration under the Agreement between Bosnia and Herzegovina and the Republic of Slovenia for the Reciprocal Promotion and Protection of Investments, (Viaduct et al v. Bosnia and Herzegovina, ICSID Case No. ARB/16/36).
- Appointed as claimant-appointed arbitrator in an UNCITRAL arbitration under the Agreement Between Bosnia and Herzegovina and the Republic of India for the Promotion and Protection of Investments, (Aggarwal et al v. Bosnia and Herzegovina, PCA Case N° 2018-03).
- Successfully defended a Middle Eastern client in a $40 million shareholder dispute with a Hong Kong claimant under the ICC Rules of Arbitration.
- Represented an Egyptian respondent in an ICC arbitration respecting an $80 million supply agreement dispute.
- Represented a Canadian uranium mining company in its dispute with the Government of Mongolia and secured an award of damages for US$100 million in respect of the illegal expropriation of its licenses in Mongolia. (Khan Resources Inc. v. Mongolia)
- Represented an American gold mining company against El Salvador in an ICSID arbitration arising out of the government's improper refusal to issue various environmental licenses and an exploitation concession. (Pac Rim v. El Salvador)
- Represented U.S. investors in a CAFTA-DR arbitration against the Government of the Dominican Republic relating to the expropriation of a residential and resort project (called "Jamaca de Dios") in the mountain region of central DR. (Ballantine v. Dominican Republic)
- Acted as a Sole Arbitrator in an ICC supply agreement dispute between American and British parties.
- Represented an Italian investor in a dispute against Lithuania in an UNCITRAL arbitration under the Italy-Lithuania BIT. The dispute arose in relation to that State's unfair and inequitable treatment of the investor's investment in the country's alcohol industry. (Bosca v. Lithuania).
- Represented an American-owned Kazakh investor against Kazakhstan in an ICSID arbitration under the U.S.-Kazakhstan BIT relating to the government's expropriation of the investor's oil production concession. (Caratube International Oil Company v. Kazakhstan)
- Represented numerous U.S.-based, Fortune 500 clients to provide advice on international law and arbitration, in particular with respect to the application of NAFTA.
- Acted as Sole Arbitrator in ICC contract dispute between American and Italian parties.
- Represented American shareholders against the Government of Canada in a NAFTA claim. The main claimant, Mr. Marvin Gottlieb, was amongst the many U.S.-based investors who lost in excess of $5 Billion as a result of the Canadian Government's decision to eliminate the income trust tax mechanism with regard to Canadian energy trusts. (Gottlieb et al v. Canada).
- Represented forty-two Texas claimants before the Superior Court of Ontario in the judicial review of a NAFTA tribunal's jurisdiction award concerning water rights in Mexico of U.S. based investors. (Bayview et al v. Mexico).
- Represented a U.S. energy services company in a dispute before ICSID arising out of investments in Peru. Successful multimillion dollar final award rendered in 2008. (Duke Energy Peru Investments No. 1, Ltd. v. Peru).
- Represented United Parcel Service (UPS) in a lengthy and complex NAFTA arbitration against the Government of Canada under the UNCITRAL rules. The dispute concerned alleged breaches by the government's crown corporation, Canada Post Corporation, with regarding to anti-competitive and discriminatory measures taken by Canada and Canada Post in the courier service market in Canada. (United Parcel Service v. Canada).
- Represented two Canadian lumber firms against the U.S. Government in an UNCITRAL arbitration under the NAFTA. After the demise of the previous Softwood Lumber Agreement, Canadian lumber firms made strong allegations against the U.S. Government with regard to the fairness and impartiality of the U.S. Government's decisions concerning anti-dumping duties and countervailing duties on softwood lumber imports from Canada. Although the tribunal granted jurisdiction and leave for the arbitration to proceed to the merits phase, the intervening signing of the latest Softwood Lumber Agreement by Canada and the United States resulted in the settlement of the arbitration process. (Canfor Corporation v. United States, Terminal Forest Products Ltd. v. United States).
- Represented a U.S. lumber company against the Government of Canada in an UNCITRAL arbitration pursuant to the NAFTA. Claimant sought compensation from the Government of Canada with regard to alleged breaches of the NAFTA obligations concerning expropriation, national treatment, and fair and equitable treatment. The claimant was ultimately successful on one part of its claim, receiving damages for the breach of the fair and equitable treatment standard under Article 1105, and was able to preserve its business in the face of arbitrary and discriminatory conduct of Canadian government officials. (Pope & Talbot, Inc. v. Canada).
- Represented a U.S. investor in a NAFTA dispute with the Government of Canada under the UNCITRAL Arbitration Rules. The tribunal awarded damages to the claimant for the discriminatory and protectionist conduct of Canada with regard to lost investments in the PCB waste remediation market in Canada. (S.D. Myers, Inc. v. Canada).
- In one of the first NAFTA arbitration claims, Ian Laird represented the Government of British Columbia, Canada. This claim did not ultimately proceed to arbitration, but involved important early issues concerning water rights and the role of sub-national governments being subject to investor-state arbitration claims. (Sun Belt Water, Inc. v. Canada).
Ian's Insights
Event | 11.18.24
The Eighteenth Annual Investment Treaty Arbitration Conference: A Debate & Discussion
JURIS Conferences is very excited to present this upcoming program, hosted for the first time in New York City at the new office location of Crowell & Moring. This four-panel program will feature leading arbitration practitioners and scholars who will tackle important questions of international investment law and arbitration.
Speaking Engagement | 10.09.24
Insights
Besserglik v Mozambique: A Lesson in Returning to the Basics
|12.01.20
ICSID Review - Foreign Investment Law Journal
Investment Treaty Arbitration and International Law
|01.04.18
Volume 11, Juris Publishing
Business Guide to Trade and Investment, Volume 2 - International Investment
|01.03.18
ICC Publications
Research Perspectives on International Investment Law & Arbitration
|01.02.18
Brill Publishing
Evidence in International Investment Arbitration
|01.01.18
Oxford University Press
“Growth in Renewable Energy Projects in the Asia-Pacific Region And International Commercial and Arbitration Disputes,” World Arbitration Update China 2024, Beijing, China
|05.16.24
“State-Owned Companies as Investors and Claimants In Investment Arbitration,” World Arbitration Update China 2024, Beijing, China
|05.16.24
“The Development of Investor-State Arbitration-the North American experience under NAFTA compared to India's-parallels and divergences," Indian Society for International Law, New Delhi, India
|03.12.24
“Investor State Dispute Settlement,” Abhyasa Session in International Law at the National Law University, New Delhi, India
|03.11.24
“Bifurcation (Or Trifurcation?) in Investment Arbitration – A Success Story? What Have Been the Impacts on Efficiency and Costs?” Washington Arbitration Week, Washington, D.C.
|11.30.23
“Implementation of the 2022 ICSID Rules of Arbitration, Lessons Learned and Challenges Ahead in the Global Reshuffling of Investment Dispute Resolution,” Washington Arbitration Week, Washington D.C.
|11.29.23
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12.29.22
Kluwer Arbitration Blog
U.S. Law Firm Crowell & Moring Confirms Its Europe Expansion Through Its Brussel Office
|06.23.22
Leaders League
Crowell & Moring Adds Veteran Disputes Partner In Brussels From Allen & Overy
|06.22.22
The Global Legal Post
- |
03.29.22
The AMLaw Litigation Daily
Ian's Insights
Event | 11.18.24
The Eighteenth Annual Investment Treaty Arbitration Conference: A Debate & Discussion
JURIS Conferences is very excited to present this upcoming program, hosted for the first time in New York City at the new office location of Crowell & Moring. This four-panel program will feature leading arbitration practitioners and scholars who will tackle important questions of international investment law and arbitration.
Speaking Engagement | 10.09.24
