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ARTICLE · 28 JULY 2006

Softwood Lumber Falls Onto NAFTA Investor-State Disputes

Blake, Cassels & Graydon LLP
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A recent ruling related to the softwood lumber dispute shows that while NAFTA, including the investor-state rules in Chapter 11, has an inherently political dimension, it is first and foremost a legal document – one whose terms will be interpreted according to the precisely-worded formulations negotiated by the Parties.

CanadaLitigation, Mediation & Arbitration
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This article was originally published in Blakes Bulletin on International Trade, July 2006

Article by Cliff Sosnow, ©2006 Blake, Cassels & Graydon LLP

A recent ruling related to the softwood lumber dispute shows that while NAFTA, including the investor-state rules in Chapter 11, has an inherently political dimension, it is first and foremost a legal document – one whose terms will be interpreted according to the precisely-worded formulations negotiated by the Parties.

The Softwood Lumber Dispute as Catalyst to Jurisdictional Ruling

Perhaps fittingly, given how it has exposed important structural weaknesses in the countervailing and dumping duty dispute settlement provisions set out in Chapter 19 of NAFTA, the softwood lumber dispute now focuses its spotlight to expose the limits of investor-state dispute settlement and the relationship of Chapter 11 to other NAFTA disciplines, in particular, the countervailing and antidumping provisions of NAFTA.

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