Appleton & Associates is an arbitration boutique established in 1994 that splits itself between Canada and Washington, DC.
Interviewed for a previous edition of the GAR 100, Barry Appleton described the firm as unique in focusing “so exclusively” on investment arbitration. The firm usually acts on behalf of the investor and has been proud of its win-loss balance over the years.
One high-profile engagement is Continental Casualty v Argentina – a case challenging measures taken by Argentina during its 2001-2002 financial crisis in which an ICSID tribunal – surprisingly, some felt – upheld the state’s “necessity defence” (in part). Appleton reacted that the ruling: “is at odds with the vast majority of other decisions in this important area of international law.” The award is currently subject to annulment proceedings.
The firm also fought a claim against Costa Rica after commercial orchards were invaded by Nicaraguan settlements.
The firm can claim too to be a pioneer of NAFTA arbitration. It’s fought a number of disputes over the year, including a recent claim brought by a forestry company against Canada over restrictions placed on log exports in British Columbia.
Speaking to GAR some years ago, Appleton said he regarded investment arbitration as a “depoliticised mechanism to consider foreign investment disputes. It enhances the ability of the developing state to attract foreign capital.”
Appleton also said that he regarded it as “more challenging to represent the claimant, as the burden of proof is upon them.”