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ARTICLE · 10 OCTOBER 2018

The "New NAFTA" And Its Revised Dispute Resolution Mechanisms

Mayer Brown
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Ending with final bilateral negotiations between the US president and the Canadian prime minister that concluded September 30, the United States, Canada and Mexico have reached agreement...

United StatesLitigation, Mediation & Arbitration
Sarah Reynolds
Sarah Reynolds
Soledad G. O'Donnell
Soledad G. O'Donnell
Timothy Keeler
Timothy Keeler
James T. Coleman
James T. Coleman
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Ending with final bilateral negotiations between the US president and the Canadian prime minister that concluded September 30, the United States, Canada and Mexico have reached agreement on a revised version of the 1994 North American Free Trade Agreement ("NAFTA"). Implementation of the newly negotiated US-Mexico-Canada Agreement ("USMCA") is pending ratification by all three countries' legislators. Well beyond its new name, the revised agreement includes a number of changes to applicable dispute resolution mechanisms, especially where Investor State Dispute Settlement ("ISDS") is concerned. Below is a summary of major highlights. 

No US-Canada ISDS Arbitrations 

Most significantly, the USMCA eliminates ISDS arbitrations between Canadian parties invested in the United States and vice versa (i.e., US parties invested in Canada). This is in line with President Trump's broader efforts to encourage US investors to spend in the United States rather than abroad and to

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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