NAFTA Chapter Eleven at Fifteen: Contributions to a Systemic Approach in Investment Arbitration

ICSID Review - Foreign Investment Law Journal, Vol. 25, No. 2, p. 225, 2010

43 Pages Posted: 8 Jun 2011

See all articles by Sergio Puig

Sergio Puig

University of Arizona - James E. Rogers College of Law

Meg N. Kinnear

affiliation not provided to SSRN

Date Written: December 7, 2010

Abstract

This article discusses the development and main contributions of NAFTA to international investment law in the last fifteen years. After analyzing the context of the negotiations, the article examines the contributions of NAFTA to the substantive law applicable to foreign investors. The paper follows with a discussion of the procedural aspects that make NAFTA Chapter Eleven unique, and that may have particularly contributed to a systemic approach to investment disputes. It is suggested that these procedural features have helped maintain a degree of substantive coherence in NAFTA and that the NAFTA experience has influenced other treaty systems by making legal reasoning publicly and widely available. The paper concludes with a brief discussion of what might be expected in the coming years in the NAFTA context and how these developments might permeate the law applicable to investment disputes.

Keywords: NAFTA, ICSID, Dispute Resolution, Chapter Eleven, ICSID Arbitration Rules, ICSID arbitration, international arbitration, arbitral procedure

Suggested Citation

Puig, Sergio and Kinnear, Meg N., NAFTA Chapter Eleven at Fifteen: Contributions to a Systemic Approach in Investment Arbitration (December 7, 2010). ICSID Review - Foreign Investment Law Journal, Vol. 25, No. 2, p. 225, 2010, Available at SSRN: https://ssrn.com/abstract=1859466

Sergio Puig (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

Meg N. Kinnear

affiliation not provided to SSRN ( email )

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
337
Abstract Views
1,330
rank
117,067
PlumX Metrics