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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.
Courts enforce agreements to arbitrate.
When people sign an agreement providing for arbitration, one side cannot decide later on that it would rather litigate. Unless both parties agree that they do not want to arbitrate, a court will enforce the arbitration agreement by compelling the unwilling party to arbitrate and precluding the party from continuing court litigation.
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News about Arbitration cases in Utah 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:
A mini-trial consists of a non-binding exchange of information and is meant to ease the dispute and ensure a cost-effective but prompt resolution of complex litigation.
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.
Cross claim
Definition:
A cross claim is a claim by a respondent against a co-respondent.
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