NAFTA Investor-State Arbitrations

NAFTA Investor-State Arbitrations in the United States

International investment disputes between North American investors and the governments of Canada, Mexico or the United States arbitrated under Chapter 11 of the NAFTA, including the defense of claims against the United States.

Cases Filed

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

Office of the Legal Adviser

The Office of the Legal Adviser furnishes advice on all legal issues, domestic and international, arising in the course of the Department’s work. This includes assisting Department principals and policy officers in formulating and implementing the foreign policies of the United States, and promoting the development of international law and its institutions as a fundamental element of those policies.

International Claims and Investment Disputes (L/CID)

The Office of the Assistant Legal Adviser for International Claims and Investment Disputes (L/CID) is the largest office in the Department of State’s Office of the Legal Adviser. It represents the United States and coordinates activities within and outside the Department with respect to all aspects of international claims and investment disputes.

Together with the NAFTA Investor-State Arbitrations, it is also in charge of:

  • CAFTA-DR Investor-State Arbitrations
  • U.S.-Chile FTA Investor-State Arbitrations
  • U.S.-Peru TPA Investor-State Arbitrations
  • Bilateral Investment and Other Bilateral Claims
  • Tort Claims (Claims against the Department of State under the Federal Tort Claims Act)
  • Iran Claims
  • Iraq Claims

Free Trade Agreements

Under Free Trade Agreements, a range of United States goods and services benefit from the reduction or elimination of tariff and non-tariff barriers to trade, such as quotas or technical barriers. It is important to note that each Free Trade Agreement covers different industry sectors and contains different provisions, depending on the Free Trade Agreement partner. For example, some of United States’s more recent FTAs go beyond “traditional” trade barriers to cover business practices in labour mobility, intellectual property and investment.


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