What NAFTA Renegotiating Objectives Mean For Arbitration

What NAFTA Renegotiating Objectives Mean For Arbitration

November 22, 2017, Law360

Marney Cheek is quoted in a Law360 article examining what updated renegotiation objectives for NAFTA mean for investment arbitration. According to Cheek, "The reference in the [investor-state dispute settlement] negotiating objectives to 'U.S. sovereignty' and 'the maintenance of strong U.S. domestic industries' appears to be a euphemism for telling U.S. companies that if they wish to expand their businesses overseas, they shouldn’t expect the full support of the U.S. government."

"The new negotiating objectives underscore that this Administration has not shown a commitment to meaningful, neutral dispute settlement to resolve the full range of serious mistreatment U.S. companies may face abroad," says Cheek. "That is a dramatic departure from past U.S. practice."