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Analysis

NAFTA Arbitration Substitutes May Spur Issues Of Their Own

Law360 (April 11, 2018, 6:14 PM EDT) -- Alternatives to investor-state arbitration that the U.S. trade representative proposed for a renegotiated North American Free Trade Agreement could repoliticize disputes and lessen protection for investors, former U.S. government officials told Law360.

Confirming months of speculation, USTR Robert Lighthizer told lawmakers during a congressional hearing last month that the Trump administration intends to opt out of investor-state dispute settlement, or ISDS, in a renegotiated NAFTA.

The ambassador suggested that investors could instead resort to a state-to-state dispute settlement mechanism already in place in NAFTA or incorporate...
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