The NAFTA investment dispute settlement mechanism and the admissibility of amicus curiae briefs by NCOs

Résumé 0

The first part of this article gives an overview of the North American Free Trade Agreement (NAFTA) dispute settlement mechanism between investors and States (Chapter 11). The relevant provisions will be analyzed in the light of the growing case law. The second part will deal in particular with a recent award rendered in the case of Methanex Corporation v. United States of America, where it was decided that the Tribunal had the power under Article 15(1) of the UNCITRAL Arbitration Rules and under NAFTA Chapter 11 to accept amicus curiae briefs submitted by several Non-Governmental Organizations (NGOs). It is the first time in the context of NAFTA or in any other investor-State arbitration that amicus curiae briefs have been accepted from non-State actors. The article examines in detail the reasoning of the Arbitral tribunal and its likely impact in future investor-States dispute settlement mechanisms.