Local Remedies under NAFTA Chapter 11
20 Pages Posted: 20 Feb 2013
Date Written: 2011
This contribution to a conference on the fifteenth anniversary of NAFTA Chapter 11 examines the investor's choice between domestic courts and international arbitration in light of NAFTA's text, as well as the rules governing the exhaustion of local remedies and res judicata. It argues that there is a tension between requiring the exhaustion of local remedies, as some Chapter 11 awards have done, and giving domestic court decisions res judicata effect, as other Chapter 11 awards have done.
Keywords: NAFTA, investment arbitration, local remedies, res judicata
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