National Courts and International Arbitration: Exhaustion of Remedies and Res Judicata Under Chapter Eleven of NAFTA
Article from: TDM 5 (2005), in Investor-State Disputes - International Investment Law
Introduction
Chapter Eleven of the North American Free Trade Agreement (NAFTA) marks an important development in the protection of foreign investors within North America, not just because of its substantive provisions, which clarify certain rules of customary international law, but because it allows foreign investors to bring claims directly against a host State in an international forum before NAFTA, an investor who had suffered an expropriation or other violation of customary international law could try to sue the host State in the courts of the investor's own country, where it might ...