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Chapter 5 (2ed) 2

Chapter 5 (2ed) 2

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Published by: api-522706 on Apr 13, 2008
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11/15/2013

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Dispute Settlement
Under
CFTA and NAFTA
The Inevitability of Disputes

Given the history of trade relations between
Canada, the U.S. and Mexico, it is absolutely
inevitable that there will continue to be disputes
over trade.

To conduct business in almost any industry where
firms on both sides of the border compete it is
necessary to understand the dispute resolution
mechanics.

NAFTA dispute settlement provisions are broadly similar to those incorporated in CFTA, so some precedents have been established.

Categories of Dispute Resolution
Chapter 20: General Provisions available only to
Governments (based on Chapter18 of CFTA)

Chapter 19: Anti-dumping (AD) and Countervailing
Duty (CVD) Disputes (based on Chapter 19 of
CFTA)

Chapter 11: Investor-State Disputes

Disputes relating to financial services (Chapter 17 of NAFTA) can be treated, essentially, in accord with Chapter 11 or 19

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