Tag Archives: North American Free Trade Agreement (NAFTA)

NAFTA Renegotiation: ISDS reform objectives

The United States will lobby for changes to the investor-state dispute settlement (“ISDS”) provisions of the North American Free Trade Agreement (“NAFTA”) in the upcoming discussions to renegotiate the regional treaty. ISDS reform is one of several “negotiating objectives” announced … Continue reading

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Filed under Investment Arbitration, ISDS, Public International Law, The Americas, Trade Agreements

NAFTA tribunal considers issues of res judicata and the customary international law minimum standard of treatment

In Apotex Holdings Inc. and Apotex Inc. v United States of America, (ICSID Case No. ARB(AF)/12/1), a NAFTA chapter eleven tribunal considered issues of res judicata and the customary international law minimum standard of treatment. In a case notable for its discussion of res judicata and the … Continue reading

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Filed under Investment Arbitration, The Americas

US District Court confirms arbitral award against Pemex that was nullified at its seat

The US District Court for the Southern District of New York has confirmed an arbitral award in favour of COMMISA, a subsidiary of KBR, against Pemex, even though the arbitral award had been annulled at its seat in Mexico. In … Continue reading

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Filed under Awards, Enforcement, New York Convention, The Americas