Alison G. FitzGerald

Of Counsel
Norton Rose Fulbright Canada LLP

Alison G. FitzGerald

Alison G. FitzGerald

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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, such as the ICC, the LCIA, ICSID and SIAC. Ms. FitzGerald has also acted as counsel in several important domestic commercial arbitrations under the Commercial Arbitration Code and the 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, forestry / forest products, aerospace, technology and 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 allegations of human rights abuses under international law in connection with foreign operations, and in 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 Canadian International Trade Tribunal in trade remedy proceedings.


Professional experience

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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 license 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
  • 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 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
  • An individual plaintiff against the Government of Canada in an action for damages in negligence and for breach of ss. 7 and 8 of the Canadian Charter of Rights relating to the circumstances of the plaintiff's imprisonment abroad and treatment while imprisoned abroad under an Interpol Red Notice
  • Canadian Blood Services in an action for damages for breach of s. 15 of the Canadian Charter of Rights and Freedoms by a gay man relating to a question on the Canadian Blood Services donor health questionnaire

 

  • Canadian Legal Lexpert Directory: Commercial Arbitration - Repeatedly Recommended - 2020-2021
  • ​Who's Who Legal: Canada - Arbitration - Future Leaders - 2018-2021
  • NAFTA Chapter 19 Roster Member, 2018-present
  • "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
  • ICC Canada, member and co-chair of the ICC Canada International Arbitration Conference (2020 and 2021)
  • CanArb Week, member of the organizing committee (2020 – current)
  • Toronto Commercial Arbitration Society, member, executive committee (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)
  • New York State Bar Association
  • American Bar Association
  • Advocates Society
  • English
  • French
  • Spanish