NAFTA Chapter 11 Investor-State Disputes to October 2010

November 4, 2010
328.62 KB28 pages

This report documents all 66 known NAFTA investor-state claims (to October 2010) and analyses recent key developments, including the Canadian government’s troubling decision to settle AbitibiBowater’s NAFTA claim by paying the company $CAD 130 million. It finds all levels of government, particularly in Canada, are being targeted by investors for alleged breaches of Chapter 11, NAFTA's investment chapter.

Investor-state claims as of October 1, 2010 include 28 against Canada, 19 against the U.S., and 19 against Mexico. Canada has paid out NAFTA damages totaling $CAD157 million, while Mexico has paid damages of $US187 million. The U.S. has yet to lose a NAFTA chapter 11 case. All three governments have incurred tens of millions of dollars in legal costs to defend themselves against investor claims.