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The Enforcement of Tribunal – Ordered Provisional Measures - Commercial Mediation and Arbitration in the NAFTA Countries

Author(s): 
Carolyn B. Lamm
Page Count: 
9 pages
Published: 
November, 1999
Practice Areas: 
Commercial Disputes,
ADR,
NAFTA
Author Detail: 

Carolyn B. Lamm is a Partner in the Washington DC office of White and Case where she concentrates in international commercial arbitration and international trade matters. She is involved primarily in the representation of foreign corporate clients and sovereigns.

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I.     Introduction 
A.   The arbitration of disputes under the NAFTA regime encompasses several distinct types of proceedings. 
 
1.    Review and dispute settlement in antidumping and countervailing duty matters is controlled by Chapter 19 of NAFTA. 
2.    State to State disputes over the meaning and application of NAFTA (other than antidumping and countervailing duty matters) are controlled by Chapter 20, Section B. 
3.    Investment disputes between host States and private investors are controlled by Chapter 11. Under this chapter, disputes may be settled by arbitration under the auspices of: 
 
a.    The International Centre for Settlement of Investment Disputes ("ICSID"), where the disputing Party and the Party of the investor are both parties to the ICSID Convention1, or; 
b.    the Additional Facility Rules of ICSID, where only one of the disputing Party or Party of the investor is a party to the ICSID Convention, or: 
c.    the UNCITRAL Arbitration Rules (approved by the U.N. General Assembly on December 15, 1976). 
 
4.    Disputes between private parties may be resolved in any traditional manner, but Article 2022 of NAFTA commits the Parties to encourage and facilitate