New NAFTA Rolls Back Investor Protections for Infrastructure



Rossella Brevetti | Bloomberg Law

U.S. investors won’t be able to arbitrate disputes over Mexican infrastructure projects such as dams, seaports and airports under language revised after the two countries agreed to a trade deal with Canada in September.

The revised language made public Nov. 30 about what projects are subject to arbitration in the investor-state dispute settlement (ISDS) provision is narrower than the earlier version. The change could make Mexican projects less appealing to U.S. investors, who prefer relying on arbitrators rather than the…

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