NAFTA Investor-State Arbitrations
Chapter Eleven of the North American Free Trade Agreement (the "NAFTA") contains provisions designed to protect cross-border investors and facilitate the settlement of investment disputes. For example, each NAFTA Party must accord investors from the other NAFTA Parties national (i.e. non-discriminatory) treatment and may not expropriate investments of those investors except in accordance with international law. Chapter Eleven permits an investor of one NAFTA Party to seek money damages for measures of one of the other NAFTA Parties that allegedly violate those and other provisions of Chapter Eleven. Investors may initiate an arbitration against the NAFTA Party under the Arbitration Rules of the United Nations Commission on International Trade Law ("UNCITRAL Rules") or the Arbitration (Additional Facility) Rules of the International Centre for Settlement of Investment Disputes ("ICSID Additional Facility Rules").
The following links provide general background on the NAFTA, the relevant arbitral rules and investment disputes:
U.S. Department of State, Office of Investment Affairs
U.S. Department of Commerce, Office of NAFTA & Inter-American Affairs
U.S. Trade Representative, North American FTA
International Centre for Settlement of Investment Disputes (ICSID)OAS Trade Unit's Foreign Trade Information System
United Nations Commission on International Trade Law
(UNCITRAL)
International Trade Canada (ITCan)
Ministry of the Economy (Mexico)
Interpretation of the Free Trade Commission of Certain Chapter 11 Provisions
Statement of the Free Trade Commission on non-disputing party participation
Statement of the Free Trade Commission on notices of intent to submit a claim to arbitration
NAFTA Chapter 11 Trilateral Negotiating Draft Texts
The Department of State is the lead agency representing the U.S. Government in most of the NAFTA Chapter Eleven cases. The State Department works closely with other agencies to develop U.S. Government positions in these cases. The Department of Justice is the lead agency in The Loewen Group, Inc., v. United States.
Since the NAFTA's entry into force on January 1, 1994, several cases have been filed against each of the NAFTA Parties. The links at the left connect to pages describing the cases against each of the State Parties and containing pleadings and certain other documents that are publicly available under the rules and confidentiality agreements applicable in each case.
For more information, contact:
Office of International Claims and Investment Disputes
NAFTA Arbitration Division
Suite 203, South Building
2430 E Street, N.W.
Washington, DC 20037
202-776-8334
fax 202-776-8388
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