Analysis

Arbitration Opt-In Could Let NAFTA States Skirt Hang-Ups

Law360, New York (August 31, 2017, 4:35 PM EDT) -- A proposal reportedly being floated by the U.S. that would allow North American Free Trade Agreement countries to choose whether to opt in to its investor-state arbitration provision could present a quick fix to a political conundrum, but the likelihood of Canada and Mexico agreeing to it remains unclear.

The proposal first came to light last week in a report by Inside U.S. Trade that cited unnamed sources. It is reportedly a way to allow each of the three NAFTA countries to decide on an individual...
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