Originally from Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr.

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I could not think of a better way to honour Don Wallace than to
emulate the principle means by which he has favoured us with his
participation at countless conferences over the years: starting things off
with a bang! Hence the title of this piece. No, the United States has not
found itself on the sharp end of a NAFTA award, at least not yet. I could
certainly envisage Don sitting on the tribunal when that day finally arrives,
however. Fair-minded, intellectually agile and devoted to upholding the
rule of international law, Don Wallace has always been one of the people
whom I consider when in need of an arbitrator, some expert advice or even
just a pithy and sardonic comment.

Now that I have your attention, I will continue with this ersatz ode to
Professor Wallace by following my attention-grabbing headline with
some erudition about a previously decided NAFTA case, in which I was
involved as counsel, Grand River Enterprises, Six Nations Ltd. v U.S.A.1
Typically, one would expect to see references to a writer’s previous
experience in a footnote. Indeed, typically one would not expect to see
someone who served as counsel in a case coming back to engage in some
critical commentary about it. I have generally avoided engaging in any
direct criticism of an award rendered by a tribunal before which I
appeared. I am sure Don adheres to a similar course in respect of his own
writing.