…brief note discusses preliminary impressions from the released text of the USMCA and addresses only the investor-state arbitration provisions in USMCA, Chapter 14, that purport to replace Chapter 11 of…
…global developments. Many of them noted the link between USMCA and NAFTA, between USMCA and regional politics, and between USMCA and broader global trends related to investment treaty reform. Consistently,…
On July 1, 2020, the United States – Mexico – Canada Agreement (USMCA) will enter into force. Although the media widely refers to the treaty by its American name, USMCA,…
…in Annex 14-D of USMCA. Conclusions – USMCA, Australia and the Global Trend Away from ISDS The ISDS provisions of USMCA are a major departure from NAFTA, and represent…
As North America embarks into a post-NAFTA era with the USMCA, it is crucial to analyze the new agreement’s disciplines. The USMCA Investment Chapter, for instance, has been the subject…
Introduction: The Pro-State Orientation of the USMCA Chapter 14 of the United States-Mexico-Canada Agreement (USMCA) presents a model of investor-state dispute settlement (ISDS) that fundamentally realigns the balance between investors…
The Investment Chapter of the United States-Mexico-Canada Agreement “USMCA,” Chapter 14 has had a controversial trajectory. Chapter 14 reflects a remarkable evolution in United States (“U.S.”) policy on the protection…
…to formulate “NAFTA 2.0” or the U.S.-Mexico-Canada Agreement (USMCA) in the United States, the CUSMA in Canada and, the T-MEC in Mexico. The USMCA aims to strengthen networks of trade,…
…countries, there is one standout development in the USMCA for Canada: its non-participation in the investor-State dispute settlement mechanism (“ISDS”). To be clear, Chapter 14 of the USMCA continues to…
…investment chapter of the US-Mexico-Canada Agreement (USMCA). DNA testing to ascertain the progeny of that chapter is ongoing, as discussed below. NAFTA’s investment chapter was born following an intensive negotiating…
Zooming out from the excellent analysis of Robert Landicho and Andrea Cohen on the specific changes that the USMCA as the intended successor of NAFTA will bring for investment protection…
…three hours, the panelists discussed the new investment law landscape following the signature of the USMCA. Main Differences Between the Old and the New NAFTA USMCA developments have been previously…
… USMCA will not enter into force before May 2020 Although USMCA was originally signed in November 2018, 2019 went by without its provisions coming into force. According to its…
…is indeed a benefit for Mexico that the USMCA was concluded. International investment arbitration is in the process of changing and USMCA is an example of the new provisions that…
…the Senate. The USMCA eliminates investor-state arbitration between the U.S. and Canada, while allowing investor-state arbitration between the U.S. and Mexico. However, USMCA’s provisions are more restrictive than those found…
…can be brought, and what rules govern in USMCA arbitrations. The authors of this article conclude that the USMCA provides diluted ISDS provisions compared to NAFTA’s Chapter 11. Nduka…
…to be closely watched by global practitioners. Meanwhile, “NAFTA 2.0,” the U.S.-Mexico-Canada Trade Agreement (USMCA), continued toward ratification and entry into force. As reported in our 2018 year in review…
…USMCA succeeds the North American Free Trade Agreement (NAFTA) and covers a range of trade-related issues, and investment protection. As reported by Kiran Gore and Esmé Shirlow, the USMCA provides…
…The new USMCA excludes the minimum standard (FET) and indirect expropriation from arbitration reducing the possibility of claims, considering that FET is the most invoked provision by investors. Concerning USMCA…
…with the new USMCA. The latter is particularly flavoured with the current US regime’s desire to keep investment domestic, as it provides for no ISDS between Canada and the US…
…the signing of the new United States-Mexico-Canada Agreement (USMCA) in November last year. USMCA eliminates investor-state arbitration between the US and Canada and between Mexico and Canada and curbs investment…
…Agreement (USMCA), signed in November 2018. Although the USMCA unquestionably curtails access to investment treaty arbitration to its parties, the panel acknowledged that the USMCA at least brings much needed…
…The dispute resolution procedures of the proposed U.S.-Mexico-Canada (USMCA) Trade Agreement depart from NAFTA’s Chapter 11. Our authors explored their initial impressions, analyzed specific provisions, and discussed the possible effect…
…advisory depending on the specific treaty. For example, the new United States-Mexico-Canada Agreement (“USMCA”), the Free Trade Commission could submit its interpretation on the treaty provision, which will be binding…
