Overview
Alexandre Genest focuses his practice on public international law, with an emphasis on international investment law and international trade law. Over the past 15 years he worked for the World Trade Organization (WTO), the International Court of Justice (ICJ), the Government of Canada, as a lawyer in private practice and as a university lecturer and researcher.
Alexandre has significant international dispute settlement work experience covering both State-to-State disputes (ICJ, WTO) and investor-State disputes (ICSID, UNCITRAL, PCA).
Prior to joining Steptoe, Alexandre spent two and a half years as a Legal Affairs Officer at the WTO. While at the WTO, Alexandre served as Deputy Secretary to the Dispute Settlement Body (DSB); was Panel Secretary in the Costa Rica – Avocados dispute (DS524); and was part of the focal point on the Multi-Party Interim Appeal Arbitration Arrangement (MPIA).
In 2015-2016, Alexandre clerked with Judge Peter Tomka at the International Court of Justice (ICJ). Alexandre worked on disputes before the ICJ, as well as on investment treaty arbitrations in which Judge Tomka served as presiding arbitrator.
Alexandre also previously worked for the Government of Canada. Alexandre acted as Counsel to Canada in a NAFTA Chapter Eleven investment treaty arbitration and in the negotiation of the Canada – European Union Comprehensive Economic and Trade Agreement (CETA).
Alexandre's prior private practice experience includes working for law firms both in Canada and in the United Kingdom. Alexandre acted as counsel to both investors and sovereign States in multiple investment treaty arbitrations.
Alexandre has extensive experience as a university lecturer which includes: teaching international investment law at the Center for Transnational Legal Studies, London in 2022; teaching public international law as a part-time professor at the University of Ottawa from 2012 to 2014; and teaching comparative legal and economic integration and law of the sea as a visiting lecturer at Leiden University College in 2014.
Alexandre has published extensively and has spoken at numerous international conferences in the fields of international trade and investment law. His book titled "Performance Requirement Prohibitions in International Investment Law" was published by Brill in September 2019 as part of the Nijhoff International Investment Law Series.
- Lawyer, Québec Bar
- Ph.D., University of Leiden, 2017, International Law
- Ph.D., University of Ottawa, 2017, International Law
- Diploma in Public Administration, École Nationale D’Administration (ÉNA), 2011
- Master’s Degree in Public Affairs (MPA) (M2), ÉNA-Université Paris-Dauphine, 2011
- LL.B., Université de Montréal, 2005
- Universitat Pompeu Fabra, Barcelona, 2004, Student Exchange Program – Faculty of Law
Areas of Work
Representative Matters
Investment Treaty Arbitration – ICSID and ad hoc
- Ruby River Capital LLC v. Canada, ICSID Case No. ARB/23/5 – Acts as Counsel to the investors in this NAFTA Chapter Eleven arbitration regarding the refusal to authorise the construction of an LNG liquefaction facility, a marine export terminal and a natural gas transmission line.
- Koch Industries, Inc. and Koch Supply & Trading, LP v. Government of Canada, ICSID Case No. ARB/20/52 – Acts as Counsel to the investors in this NAFTA Chapter Eleven arbitration concerning the summary termination without compensation of Ontario’s greenhouse gas emissions cap-and-trade program.
- West African Aquaculture Ltd et al. v. The Republic of The Gambia, ICSID Case No. ARB/18/10 – Acts as Counsel to the investors in an ICSID arbitration relating to the expropriation of a substantial aquaculture enterprise.
- Investor A v. State B, VIAC Case No. OTH-3002 – Acts as counsel to investors in respect of an investment treaty dispute with an Eastern European State arising from alleged breaches of a bilateral investment treaty. Concerns investments in a coal mine. UNCITRAL arbitration.
- Nord Stream 2 AG v. EU, PCA Case No. 2020-07 – Assists the External Counsel to the European Union in an Energy Charter Treaty investment treaty arbitration regarding the Nord Stream 2 offshore natural gas import pipeline.
- Diag Human SE and Mr. Josef Stava v. The Czech Republic, PCA Case No. 2018-20 – Acted as Counsel to the investors in a dispute with the Czech Republic arising from breaches of the Czech Republic - Switzerland bilateral investment treaty regarding investments in the pharmaceutical sector.
- Erste Group Bank AG and others v. Republic of Croatia, ICSID Case No. ARB/17/49 – Acted as Counsel to Croatia in respect of an investment treaty dispute under the Austria-Croatia bilateral investment treaty concerning the currency conversion of home ownership loans from Swiss franc to Euro denominations as a protective financial services measure.
- Addiko Bank AG and Addiko Bank d.d. v. Republic of Croatia, ICSID Case No. ARB/17/37 – Acted as Counsel to Croatia in respect of an investment treaty dispute under the Austria-Croatia bilateral investment treaty concerning the currency conversion of home ownership loans from Swiss franc to Euro denominations as a protective financial services measure.
- Raiffeisen Bank International AG and Raiffeisenbank Austria d.d. v. Republic of Croatia, ICSID Case No. ARB/17/34 – Acted as Counsel to Croatia in respect of an investment treaty dispute under the Austria-Croatia bilateral investment treaty concerning the currency conversion of home ownership loans from Swiss franc to Euro denominations as a protective financial services measure.
- UniCredit v. Republic of Croatia, ICSID Case No. ARB/16/31 – Acted as Counsel to Croatia in respect of an investment treaty dispute under the Austria-Croatia bilateral investment treaty concerning the currency conversion of home ownership loans from Swiss franc to Euro denominations as a protective financial services measure.
- St. Marys Cement VCNA v. Canada – Acted as Counsel to Canada in this NAFTA Chapter Eleven arbitration involving claims of expropriation and national treatment violations in relation to the environmental designation of lands acquired for a quarry development. Claims withdrawn with acknowledgement of lack of jurisdiction after document production evidenced intent to manufacture jurisdiction post-dating dispute.
WTO Dispute Settlement Proceedings
DS524 Costa Rica — Measures Concerning the Importation of Fresh Avocados from Mexico – Acted as Panel Secretary and Legal Affairs Officer servicing the WTO dispute settlement panel as a WTO Secretariat Staff member.
Trade & Investment Treaty Negotiations
Acted as part of the counsel team to the Government of Canada on the negotiation of the Canada - European Union Comprehensive Economic and Trade Agreement (CETA), with regard to the investment chapter.
Speaking Engagements
- "Industrial Policy is Making a Comeback – With Some Investment Treaty Protections Standing in its Way," Manchester International Law Centre, Manchester, February 14, 2024
- Moderator, "Does the ISDS System Need a Total Overhaul or Only Light Reform?", #YoungITATalks Africa-UK – International Arbitration: Friend or Foe of the Energy Transition? seminar, London, February 13, 2024
-
British Institute of International and Comparative Law and Steptoe International (UK) LLP, Launch event presentation, "Empirical study on performance requirement prohibitions (PRPs) in international investment agreements (IIAs)", January 18, 2024
- Panelist, Semi-Finals, 21st Edition of the John H. Jackson Moot Court Competition, World Trade Organization, Geneva, June 13-17, 2023
- “Performance Requirement Prohibitions in Investment Treaties,” Summer Law School International Investment Law, August 25, 2021
News & Publications
Press Releases
April 5, 2024
Steptoe Global Trade and Investment Blog
Industrial Policy Is Making a Comeback – With Some Investment Treaty Protections Standing in Its Way
February 20, 2024
Publications
Performance Requirement Prohibitions in International Investment Agreements
January 31, 2024
Steptoe Global Trade and Investment Blog
The CPTPP Enters into Force for Chile – but Mind the Fine Print
March 10, 2023
By: Christophe Bondy, Alexandre Genest, Emmanuel Giakoumakis
Steptoe Global Trade and Investment Blog
February 17, 2023
By: Christophe Bondy, Alexandre Genest, Emmanuel Giakoumakis
Publications
Due Process and Procedural Irregularities
The Guide to Challenging and Enforcing Arbitration Awards - Third Edition
May 17, 2023
Steptoe Global Trade and Investment Blog
April 14, 2023
Media Mentions
Law360 and Carbon Pulse Report on Steptoe’s ICSID Arbitration Dispute Over Carbon Emission Trading
August 4, 2022
Steptoe Global Trade and Investment Blog
December 2, 2021
By: Matthew Yeo, Christophe Bondy, Chloe Baldwin, Alexandre Genest
Steptoe Global Trade and Investment Blog
August 31, 2021
By: Matthew Yeo, Christophe Bondy, Alexandre Genest, Chloe Baldwin