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Future Of Investor-State Dispute Settlement Mechanisms Under The United States – Mexico – Canada Agreement

Wednesday, 6th December 2018

"Dentons discusses the impacts of the new United States – Mexico – Canada Agreement (USMCA) on different industries in a series of short articles. This article focuses on the investor-state arbitration provisions in Chapter 14 of the USMCA, which represent a significant departure from the investment protections in Chapter 11 of the North American Free Trade Agreement (NAFTA). First, and perhaps most importantly, notwithstanding there are three member states, once in force, the USMCA will provide only a bilateral system of investor-state arbitration between the US and Mexico, excluding Canada from this dispute resolution mechanism. A second critical difference is in the nature of the substantive protections that would be available under Chapter 14 going forward. Below are some perspectives on these potential changes."

Read in full:  

Source: Dentons
Language: English
Contact: Meriam Al-Rashid, Bernardo Cortés, Rachel A. Howie, Catharine Luo and Chloe A. Snider

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