Dispute Settlement
NAFTA - Chapter 11 - Investment
Cases Filed Against the Government of the United States of America
Current Arbitrations to which the United States of America is
a Party
Softwood
Lumber Consolidated Proceedings
In 2005, the United States requested that the three separate cases
filed by Canadian softwood lumber producers be consolidated pursuant
to NAFTA Article 1126. On September 7, 2005, the Tribunal appointed
to consider this request ordered that the three cases be consolidated
on the basis that all the claims shared similar questions of law
and fact.
A copy of the legal documents pertaining to the consolidated proceedings
can be found on the U.S.
Department of State web site..
Canfor Corporation
v. United States of America
Canfor Corporation, a Canadian forest products company,
filed a Notice of Arbitration in July 2002 alleging that certain
antidumping, countervailing duty and material injury determinations
the United States has levied on softwood lumber imports breached
their obligations under Chapter Eleven of the North American Free
Trade Agreement.
A copy of the legal documents pertaining to this case can be found
on the U.S. Department
of State web site.
Open Hearings
Kenex Ltd. v. United States of America
Kenex Ltd., a Canadian company, manufactures, markets and distributes
industrial hemp products, including whole hemp grain, hemp grain
derivatives, hemp fibre and certified hemp seed throughout North
America. Kenex Ltd submitted a Notice of Arbitration in August 2002
alleging that the United States Drug Enforcement Agency and the
Office of National Drug Control Policy implementation of a ban prohibiting
the trade of industrial hemp products breached the United States'
obligations under Chapter Eleven of the North American Free Trade
Agreement.
A copy of the legal documents pertaining to this case can be found
on the U.S. Department
of State web site.
Glamis Gold Ltd. v. United States of America
Glamis Gold Ltd., a publicly-held Canadian corporation engaged
in the mining of precious metals, submitted a claim to arbitration
in December, 2003 on behalf of its enterprises Glamis Gold, Inc.
and Glamis Imperial Corporation for alleged injuries relating to
a proposed gold mine in Imperial County, California. Glamis claims
that certain federal government actions and California measures
with respect to open-pit mining operations breached the United State's
obligations under Chapter Eleven of the North American Free Trade
Agreement.
A copy of the legal documents pertaining to this case can be found
on the U.S. Department
of State web site.
Tembec Inc. v. United States of America
Tembec Incorporated, a Canadian forest products company, filed
a Notice of Arbitration in December 2003 alleging that certain antidumping,
countervailing duty and material injury determinations the United
States has levied on softwood lumber imports breached their obligations
under Chapter Eleven of the North American Free Trade Agreement.
A copy of the legal documents pertaining to this case can be found
on the U.S. Department
of State web site.
Grand River Enterprises Six Nations, Ltd. v. United
States of America
Grand River Enterprises Six Nations, Ltd., a Canadian corporation
involved in the manufacture and sale of tobacco products, along
with Jerry Montour, Kenneth Hill and Arthur Montour filed a Notice
of Arbitration in March 2004. The claim alleges that a 1998 settlement
agreement between various U.S. state attorney generals and the major
tobacco companies and certain state legislation that partially implements
the settlement breached the obligations of the United States under
Chapter Eleven of the North American Free Trade Agreement.
A copy of the legal documents pertaining to this case can be found
on the U.S. Department
of State web site.
Terminal Forest Products Ltd., a Canadian forest products company,
filed a Notice of Arbitration in March 2004 alleging that certain
antidumping, countervailing duty and material injury determinations
the United States has levied on softwood lumber imports breached
their obligations under Chapter Eleven of the North American Free
Trade Agreement.
A copy of the legal documents pertaining to this case can be found
on the U.S. Department
of State web site.
Cattlemen for Fair Trade v.
United States of America
As of March 16, 2005, members of the Canadian Cattlemen
for Fair Trade have filed 107 Notices of Arbitration alleging that
the United States violated its NAFTA Chapter Eleven obligations
by closing the border to the importation of Canadian cattle after
the discovery in 2003 of a case of bovine spongiform encephalopathy
(BSE or mad cow disease) in a cow in Alberta.
A copy of the legal documents pertaining to this case can be found
on the U.S. Department
of State web site.
Previous Arbitrations to which the United States of America is
a Party
Methanex Corp. v. United States of America
Methanex Corporation, a Canadian marketer and distributor of methanol,
submitted a claim in June 1999 alleging that the U.S. is in breach
of its obligations under Chapter Eleven through California's enactment
of a ban on the use or sale in California of the gasoline additive
MTBE. Methanol is an ingredient used to manufacture MTBE.
On August 9, 2005, the Methanex Tribunal issued an award dismissing
all claims against the United States.
A copy of the legal documents pertaining to this case can be found
on the U.S. Department
of State web site
Open Hearings
Mondev International
Ltd. v. United States of America
Mondev International Ltd.(Mondev), a Canadian real-estate development
corporation, which owns and controls a Massachusetts limited partnership,
Lafayette Place Associates, submitted a claim in September 1999
alleging that a decision by the Supreme Judicial Court of Massachusetts
and from Massachusetts state law breached the United State's obligations
under Chapter Eleven of the North American Free Trade Agreement.
On October 11, 2002, the Mondev Tribunal issued an award dismissing
all claims against the United States.
A copy of the legal documents pertaining to this case can be found
on the U.S. Department
of State web site.
ADF Group Inc. v. United States of America
ADF Group Inc. ("ADF"), a Canadian corporation that designs, engineers,
fabricates and erects structural steel, filed a claim, in July 2000,
on its own behalf and on behalf of ADF International Inc., its Florida
subsidiary. ADF alleged that the federal Surface Transportation
Assistance Act of 1982 and the Department of Transportation's
implementing regulations, which require that federally-funded state
highway projects use only domestically produced steel, breach the
United State's obligations under Chapter Eleven of the North American
Free Trade Agreement.
The Tribunal issued their Award on January 9, 2003, which rejected
all of ADF's claims and ordered that each party bear its own expenses
and share on a fifty-fifty basis the costs of the proceeding.
A copy of the legal documents pertaining to this case can be found
on the U.S. Department
of State web site.
The Loewen Group
Inc. and Raymond L. Loewen v. United States of America
The Loewen Group, Inc. ("TLGI"), a Canadian corporation involved
in the death-care industry, and Raymond L. Loewen, its chairman
and CEO at the time of the events at issue, filed a claim in July
1998 alleging that the conduct of a civil case in Mississippi and
the reduction of bond required for leave to appeal breached the
United State's obligations under Chapter Eleven of the North American
Free Trade Agreement.
On June 26, 2003, the Loewen Tribunal issued an award dismissing
all claims against the United States.
A copy of the legal documents pertaining to this case can be found
on the U.S. Department
of State web site
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