Introduction

The arbitration award rendered in the NAFTA arbitration Loewen Group International v. United States of America is remarkable in the contrasting reception it has received in the small community of arbitration practitioners and the American public at large. While the case was going on, non-governmental organizations, the media, and political figures appeared acutely aware of the proceedings, mostly ranting that the case represented an "end run around the Constitution" and a betrayal of American sovereignty to foreign corporate interests. Now that the award has been rendered ...