Introduction

This paper will deal principally with the Loewen case[1] and the denial of justice. Chattin v Mexico[2] will be touched on as it frequently figures in the literature on denial of justice. [3] NAFTA Article 1105[4] and fair and equitable treatment provided for in that article will be dealt with briefly. Denial of justice is thought to be incorporated in Article 1105.[5] The interpretation of 1105 is an issue which has figured in Loewen and other NAFTA chapter 11 cases. I shall try to get to the bottom of the notion of 'denial of justice,' albeit that it is ...