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Arbitration News
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 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.
Arbitration mostly leads to a binding agreement.
Arbitration is an alternative to resolving disputes in court. Arbitration allows the parties involved to choose an individual or several individuals with knowledge and expertise in the subject matter of the dispute to hear each party's evidence and present a binding decision. With arbitration, the arbitrator makes a decision for the parties involved in the dispute, as opposed to mediation, which involves a mediator actively attempting to move the parties to agreement.
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News about Arbitration cases in Colorado and nationwide:
NAFTA Investor-State Arbitrations Chapter Eleven of the North American Free Trade Agreement (the "NAFTA") contains provisions designed to protect cross-border investors and facilita...
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Definition:
The person gainst whom the claim is made is the respondent.
Counterclaims
Definition:
Counterclaims are counter-demands made by a respondent in his or her favor against a claimant. They are not mere answers or denials of the claimant's allegations.
Arbitrator
Definition:
A person who resolves a dispute between two or more people is called an arbitrator.
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