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NAFTA Update A Step Backward For US Investors

Law360 (May 9, 2019, 4:57 PM EDT) -- The current U.S. policy on international investment is, quite simply, moving backwards. U.S. investors are justly concerned that they will soon lose the robust international law protections and dispute resolution mechanisms that they have accessed for years. The investment chapter of the recently signed, but not yet ratified, U.S.-Mexico-Canada Agreement[1] is at the forefront of this trend.

Will the retrenchment in investor-state dispute settlement, or ISDS, continue to be the general policy of the Trump administration, and result in the watering down of all such protections and dispute resolution alternatives in future trade agreements? What are the wider business implications of...

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