… 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…
…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 Ikeyi &…
…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,…
…Canada Agreement (USMCA), considerable modifications have been introduced to dispute settlement mechanisms regulated therein. In addition to the US, the EU has been actively promoting its model and the reform…
…conclusion of megaregional agreements (e.g. CETA, USMCA, CPTPP) maintained impetus, especially in Africa, pending the promising operationalization of the African Union’s first CFTA. 2. Morocco’s Diplomatic Network Consolidated in the…
…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 are being…
…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 protection – both procedurally and…
…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…
…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 in…
…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…
…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…
…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 on…
…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 influence,…
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…
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…
…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…
Chapter 11: Where Investors Go to Complain NAFTA renegotiations began last year and, with attention once again on this 23-year old trade deal, critics are taking the opportunity to voice…
On the campaign trail, and throughout his term in office, President Trump has not been shy to express his discontent with the North American Free Trade Agreement (NAFTA), vowing he…
Debates about the propriety of investor-state dispute settlement (ISDS) were revived by a recent letter by U.S. academics, which urged the abandonment of ISDS in the renegotiated North American Free…
After the US election, it was a certainty that in my inbox every morning there was at least one, if not more, email with a discussion on the future of…
Despite apparent “America First” language in the US Summary of Objectives for the NAFTA renegotiation which appear contrary to the minimum standards of treatment and fair and equitable treatment, those…
NAFTA on the tightrope One of President Donald Trump’s most frequent campaign promises was to “eliminate” the North American Free Trade Agreement (“NAFTA”), which he described as “the worst trade…
