Alison G. FitzGerald

Partner
Norton Rose Fulbright Canada LLP

Alison G. FitzGerald

Alison G. FitzGerald

vCard

Biography

Alison FitzGerald's practice focuses on international arbitration and international trade and investment. She also regularly advises clients on regulatory matters such as economic sanctions, export controls and business ethics / anti‑corruption, and represents clients in commercial and constitutional litigation.

Ms. FitzGerald's arbitration practice includes experience as counsel and tribunal secretary in international ad hoc arbitrations and arbitrations administered under the auspices of major arbitral institutions. Ms. FitzGerald has also acted as counsel in domestic commercial arbitrations under the Commercial Arbitration Code and the domestic and international commercial arbitration acts of several provinces. In the course of her arbitration work Ms. FitzGerald has gained knowledge and depth of experience in a number of industry sectors, including upstream oil and gas, construction, infrastructure, mining, natural resources, aerospace / defence procurement, software licensing, railways, and chemicals.

Ms. FitzGerald has leveraged her background in public international law and constitutional law to advise and represent clients in complex cases involving potential human rights abuses under international law in connection with foreign operations, and both prosecuting and defending claims under the Canadian Charter of Rights and Freedoms.

Ms. FitzGerald has appeared before the Federal Courts of Canada, the Ontario Superior Court of Justice, the Ontario Court of Appeal, and the Supreme Court of Canada in domestic proceedings. She has also appeared before the Canada Border Services Agency and Canadian International Trade Tribunal in trade remedy proceedings.


Professional experience

Expand all Collapse all

B.C.L./LL.B., McGill University, 2005
B.A., The George Washington University, 1997
Certificate in Public International Law, The Hague Academy, 2003
Certificate in International Human Rights Law, International Institute of Human Rights, 2002

  • New York State Bar 2007
  • Ontario 2006

Recent counsel mandates in which Ms. FitzGerald has been involved relate to the following:

  • A Canadian construction company, its Brazilian joint venture partner and the joint venture vehicle in an UNCITRAL BIT dispute with a South American state regarding the state tax authority's imposition of income tax and VAT on the joint venture vehicle in breach of the BIT and legal stability provisions of an investment contract
  • A Chinese-owned Balkans oil and gas company in an ICC arbitration with the state ministry of energy and state-owned oil and gas company relating to the operation of cost recovery provisions in the licence and petroleum agreements governing the company's petroleum operations, and issuance of a US$ 75 million tax assessment on the basis of a cost audit
  • A closely held oil and gas company in an ICC arbitration with the government of an East African state relating to the alleged breach of several petroleum production and sharing agreements
  • A Bermudian company and the purchaser of shares in a mining company in the Dominican Republic in an LCIA arbitration with the seller of the shares relating to breach of the share purchase agreement regarding payment of retained liabilities for taxes post-sale
  • The US and French affiliates of an international avionics company in an ICC arbitration with the licensor of software relating to the alleged breach of a software licensing agreement
  • A Canadian aerospace company in an ICC arbitration with the government of a European country relating to alleged breach of an offset contract.
  • A US-owned forest products company in a NAFTA Chapter 11 ad hoc (UNCITRAL) arbitration against the Government of Canada arising from the expropriation of its rights and assets in Newfoundland and Labrador by provincial legislation, resulting in a settlement for compensation of CDN$ 130 million (co-counsel) (AbitibiBowater Inc. v. Government of Canada, UNCITRAL)
  • A US-owned chemicals company in a NAFTA Chapter 11 ad hoc (UNCITRAL) arbitration against the Government of Canada arising from the alleged breach of various conduct standards relating to the treatment of its lindane investment in Canada (Chemtura Corporation v. Government of Canada, UNCITRAL)
  • A Canadian aerospace company in an ad hoc arbitration under the Commercial Arbitration Code with the Government of Canada under four separate services agreements relating to disallowed costs
  • A North American railroad in an arbitration under the BC Arbitration Act with a competitor railroad relating to compliance with the terms of a consent agreement and related tariff governing haulage rates and service on a portion of the railroad's rail network
  • Canadian Legal Lexpert Directory, 2020-2022: recommended in Commercial Arbitration
  • ​Who's Who Legal: Canada - Arbitration - Future Leaders - 2018-2022
  • NAFTA Chapter 19 / CUSMA Chapter 10 Roster Member, 2018-present
  • Commercial Arbitration Panel, 2021 Isaac Pitblado Lectures, November 2021
  • "International Arbitration in Canada: Your Yearly Check-up," Paris Arbitration Week Conference, September 2021
  • "International Dispute Resolution on Trial," Canadian Council on International Law (CCIL) conference panel on Investor-state dispute settlement (ISDS) and WTO dispute body crisis, October 2020
  • "Cross Canada Arbitration Check Up," ADRIC webinar, August 2020
  • "Third Party Funding of Arbitrations," Young Arbitrators Forum (YAF) symposium, 2019
  • "Parallel Proceedings in International Arbitration," Young Canadian Arbitration Practitioners (YCAP), October 2018
  • "Chapter 14 of the USMCA and withdrawal from ISDS," Canadian Council on International Law (CCIL) conference panel, October 2018
  • "Arbitrator Independence, Impartiality, and Disclosure Re-Visited," ICC Canada conference panel, October 2016
  • Toronto Commercial Arbitration Society - Member, Executive Committee (2021 - present)
  • ICC Canada Arbitration Committee - Co-Chair of the ICC Canada International Arbitration Conference (2020 and 2021)
  • CanArb Week - Member of the Organizing Committee (2020 and 2021)
  • Young Canadian Arbitration Practitioners - Advisory Board (2019 – present); Director, Board of Directors (2017 – 2019)
  • Canadian Bar Association - International Law Section, Executive Member (2014 – 2016)
  • International Bar Association - Member, Conflicts of Interest Subcommittee constituted to review and revise the Guidelines on Conflicts of Interest in International Arbitration (2012 – 2014)
  • English
  • French
  • Spanish

Knowledge

Expropriation: A strategic review

Publication | May 11, 2022

Human rights and international investment arbitration: A snapshot

Publication | May 11, 2022

Tax and investor-state dispute settlement

Publication | May 11, 2022

Supply chains perspective

Publication | March 10, 2022