North American Free Trade Agreement (NAFTA)

Print Send a summary of this page to someone via email.

Recent articles

  Canadian Supreme Court refuses to set aside arbitral award due to tribunal’s willingness to factor cross-border “trade” losses into valuation of an investment
  Investor turns to courts in attempt to challenge a denial of benefits determination in NAFTA dispute
  As United States is hit with another arbitration claim, pharma companies are growing creative in their use of investment treaties
  NAFTA News: Pulp company says it has put Canada on notice of claim, as redacted award from earlier case is released
  Parties in NAFTA pharmaceuticals arbitration trade arguments on jurisdiction, as tribunal rejects amicus participation
  Investors in Nova Scotia quarry lay out legal arguments in NAFTA claim against Canada
  Mexico loses bid to set aside NAFTA arbitration award in Canadian appeals court
  Canada prevails in NAFTA arbitration over thwarted garbage disposal project; costs ruling obliges government to shoulder its defence costs
  US investors put Mexico on notice of NAFTA arbitration in border crossing advertising dispute
  Renewable energy arbitration claims on horizon, but states take differing approaches to public disclosure
  Facts and legal arguments come to light in threatened NAFTA claim over land-use (quarry) dispute with Canada
  United States lays out defence arguments in NAFTA investor-state arbitration arising out of pharmaceutical drug approval process
  Dispute over pesticide phase-out ends ambiguously, with investor abandoning case, measures remaining in place, but Canadian province offering statement which may be brandished in other jurisdictions
  Canada settles another NAFTA case, with unpublicized modest financial pay-out; two of three arbitrators were nominated when case settled
  Cargill v. Mexico ruling finds three NAFTA breaches; publication of 2009 arbitral award delayed 17 months as redactions debated
  Tribunal sees a high-bar for breach of NAFTA’s Minimum Standard of protection; doubts expressed as to impact of hundreds of BITs on customary international law
  Mexico can’t justify its mistreatment of Cargill as counter-measures taken against the United States; ownership of NAFTA “rights” discussed anew
  Mexico persists in battle to reduce $77 Million NAFTA debt; published damages award applied several notable discounts, including effect of social protests against investor’s product
  Arbitrators in NAFTA arbitration reject all claims against United States in tobacco industry dispute
  ANALYSIS: Tribunal in Grand River v. U.S.A. arbitration declines to import non-investment law obligations into NAFTA; role of other “relevant” legal obligations in treaty interpretation under Vienna Convention is not discussed
  Investor withdraws stay request, and plans to proceed with twin NAFTA arbitration claims
  Arbitrators decide to hear Canada’s objections to NAFTA garbage disposal investment dispute as a preliminary matter
  Arbitrators in Chemtura v. Canada NAFTA arbitration take economical route in finding no treaty breaches
  Arbitrators nix bid to hold government liable for treaty breaches due to phase-out of toxic chemical
  Canada settles NAFTA claim by pulp & paper company for $130 Million; spotlight turns to federal government’s being on hook for actions of province
  Arbitrators terminate treaty claim after claimant fails to advance costs, but Government of Canada not entitled to reimbursement for 1,100 hours spent prepping case
  Tribunal chosen to hear pharma company’s claim that it suffered denial of justice due to foreign court’s handling of prescription drug lawsuits
  Canada moves to terminate NAFTA claim, after claimant fails to post funds for arbitration
  Government prevails in NAFTA Chapter 11 arbitration; claimant weighing options
  ICSID Tribunal corrects award so that it will be shielded from taxation