NAFTA Investment in the United States

U.S. investment in Canada and Mexico is covered by Chapter 11 of the North American Free Trade Agreement (NAFTA), which contains provisions similar to the obligations in U.S. Bilateral Investment Treaties (BITs). Like the BITs, Chapter 11 contains provisions designed to protect cross-border investors and facilitate the settlement of investment disputes. Additional information is available at the following sections:

The Department of State

The U.S. Department of State is the lead agency representing the U.S. government in NAFTA Chapter Eleven cases. The State Department works closely with other agencies to develop U.S. government positions in these cases.

The subsections below connect to entries describing any cases against a State Party and contain pleadings and certain other documents that are publicly available under the rules and confidentiality agreements applicable in each case.

Cases Filed Against the United States of America

The cases are:

• ADF Group Inc. v. United States of America
• Apotex Holdings Inc. and Apotex Inc. v. United States of America
• Apotex Inc. v. United States of America
• Apotex Inc. v. United States of America
• CANACAR v. United States of America
• Canfor Corporation v. United States of America
• Cases Regarding the Border Closure due to BSE Concerns
• Domtar Inc. v. United States of America
• Glamis Gold Ltd. v. United States of America.
• Grand River Enterprises Six Nations, Ltd., et al. v. United States of America
• Kenex Ltd. v. United States of America
• Methanex Corp. v. United States of America
• Mondev International Ltd. v. United States of America
• Softwood Lumber Consolidated Proceeding
• Tembec Inc. et al. v. United States of America
• Terminal Forest Products Ltd. v. United States of America
• The Loewen Group, Inc. and Raymond L. Loewen v. United States of America
• TransCanada Corp. & TransCanada Pipelines Ltd. v. United States of America

Cases Filed Against the Government of Canada

The cases are:

• AbitibiBowater Inc. v. Government of Canada
• Centurion Health Corporation v. Government of Canada
• Chemtura Corp. v. Government of Canada
• Clayton/Bilcon v. Government of Canada
• Detroit International Bridge Company v. Government of Canada
• Dow AgroSciences LLC v. Government of Canada
• Eli Lilly and Co. v. Government of Canada
• Ethyl Corp. v. Government of Canada
• GL Farms LLC and Carl Adams v. Government of Canada
• Mercer v. Government of Canada
• Merrill & Ring Forestry L.P. v. Government of Canada
• Mesa Power Group LLC and Government of Canada
• Mobil Investments Inc. and Murphy Oil Corporation v. Government of Canada
• Pope & Talbot, Inc. v. Government of Canada
• S.D. Myers, Inc. v. Government of Canada
• United Parcel Service of America v. Government of Canada
• V.G. Gallo v. Government of Canada
• Windstream Energy, LLC v. Government of Canada

Cases Filed Against the United Mexican States

The cases are:

• Archer Daniels Midland Co. and Tate & Lyle Ingredients Americas, Inc. v. United Mexican States
• Azinian et al v. United Mexican States
• Bayview Irrigation et al. v. United Mexican States
• Cargill, Inc. v. United Mexican States
• Corn Products International, Inc. v. Mexican States
• Fireman’s Fund v. United Mexican States
• Robert J. Frank v. United Mexican States
• High Fructose Corn Syrup Cases: Request for Consolidation
• GAMI Investments Inc. v. United Mexican States
• International Thunderbird Gaming Corporation v. United Mexican States
• KBR, Inc. and The United Mexican States
• Marvin Roy Feldman Karpa (CEMSA) v. United Mexican States
• Metalclad Corp. v. United Mexican States
• Waste Management, Inc. v. United Mexican States

Other Departments

Office of the United States Trade Representative – NAFTA

U.S. Department of Commerce, Office of NAFTA & Inter-American Affairs

For information on NAFTA investor-State arbitrations, see below.

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”).