Introduction

As you know, I have previously reported that the US Supreme Court was considering a "regulatory takings" case, and it was expected that the Court would set out in its decision the standards to be applied in considering whether or not a regulatory enactment so adversely affects private property that it rises to the level of a "taking" under the US Constitution (i.e., a compensable expropriation). Those standards may be directly relevant in NAFTA expropriation cases brought by Mexican or Canadian investors, as well as influencing other jurisprudence and arbitrations on this issue. ...