Investment Arbitration Reporter

By Luke Eric Peterson

In another recent development under NAFTA Chapter 11, a Mexican trucking association has filed a Notice of Arbitration against the US Government.

The association, CANACAR, complains that a variety of long-standing US restrictions on Mexican transport truck access to the US market are in breach of the US Government’s NAFTA obligations. CANACAR also alleges that the US Government has committed a further breach of NAFTA Chapter 11 by virtue of its failure to comply with a 2001 state-to-state arbitration ruling which had held the US in breach of certain NAFTA obligations vis a vis Mexican trucking interests.

According to the NAFTA Chapter 11 Notice of Arbitration dated April 2, 2009, CANACAR represents the independent trucking companies in Mexico. The only truckers which the association claims not to represent are those working as the in-house divisions of companies that transport their own goods (for e.g. Coca-Cola’s in-house trucking division).

The truckers have nominated Thomas Heather Rodriguez, a Mexican partner at the law firm of White & Case, as their appointee to the arbitral tribunal that will hear the claim.

The broader trucking dispute between Mexican and the United States has received a great deal of mainstream media coverage, including when Mexico slapped a series of retaliatory tariffs on various US exports in March of this year: (See for example this summary of the broader dispute.)

A copy of the Notice of Arbitration is available on-line.

Investment Arbitration Reporter is a specialized news publication tracking developments in the area of international investment law and policy.

The publication does not offer legal or financial advice or recommendations of any kind.
 
To offer news-tips or comments, email the Editor, Luke Eric Peterson, at: editor@iareporter.com