Analysis

NAFTA's Defining Feature May Be At Death's Door

By Alex Lawson (May 24, 2017, 8:50 PM EDT) -- The White House's precise plan for updating the North American Free Trade Agreement remains up in the air, but the U.S. appears ready to discard the deal's unique trade remedy arbitration system, a move that would be in keeping with the administration's protectionist bent and upend decades of legal procedure.

Squarely within the Trump administration's crosshairs is NAFTA's Chapter 19, which sets up a separate arbitration process for companies to challenge anti-dumping and countervailing duty decisions made by the U.S., Canadian or Mexican governments.

Last week's missive from U.S. Trade Representative Robert Lighthizer to Congress on NAFTA renegotiation was silent on...

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