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Tag: Free Trade Agreement

NAFTA’s Ghost and USMCA’s Gamble: What the 2026 Review Means for Investors in Mexico

By Caroline Ennis I.              NAFTA’s Chapter 11 in Context When the U.S. and Canada entered a free trade agreement (“FTA”) in 1989, concerns emerged over the U.S. solidifying power over Canada. The primary concern was that a “hub and spoke” model, featuring the U.S. as the hub under separate bilateral agreements with Canada and Mexico,…

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AAA Africa American Arbitration Association Arbitration Bilateral Investment Treaty BIT business China dispute-resolution Employee Employer European Union India Investment Arbitration law Mexico news SCOTUS Trade USMCA

The Dynamic Role of Compound Interest in Investment Arbitration: Substance, Procedure, and Proceduralization

By Naimeh Masumy Abstract This article critically examines the multifaceted role of compound interest in investment arbitration, challenging its traditional categorization within the substantive-procedural divide. It explores the practical challenges tribunals face when dealing with legal mechanisms like compound interest, which inherently span both procedural and substantive dimensions. To clarify this complexity, the article introduces…

thearbitrationbrief's avatar by thearbitrationbrief May 28, 2026May 28, 2026

NAFTA’s Ghost and USMCA’s Gamble: What the 2026 Review Means for Investors in Mexico

By Caroline Ennis I.              NAFTA’s Chapter 11 in Context When the U.S. and Canada entered a free trade agreement (“FTA”) in 1989, concerns emerged over the U.S. solidifying power over Canada. The primary concern was that a “hub and spoke” model, featuring the U.S. as the hub under separate bilateral agreements with Canada and Mexico,…

thearbitrationbrief's avatar by thearbitrationbrief May 12, 2026

ISDS at a Crossroads: Diverging Paths in the U.S. and U.K.

By Kaitlyn Welsh Introduction  The International Centre for Settlement of Investment Disputes (“ICSID”) is the leading institution administering Investor-State Dispute Settlement (“ISDS”) cases, handling about 70% of all international investment disputes. The objective of ISDS is to provide foreign investors of host states with a neutral forum to resolve such disputes as opposed to reliance…

thearbitrationbrief's avatar by thearbitrationbrief April 26, 2026
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