TABLE OF NAFTA CHAPTER 11 INVESTOR-STATE CASES & CLAIMS
February 2005
Key
**Indicates date Notice of Intent to File a Claim was filed, the first step in the NAFTA investor-state process when an investor notifies a government that it intends to bring a NAFTA Chapter 11 suit against that government. *Indicates date Notice of Arbitration filed, the second step in the NAFTA investor-state process when investor notifies an arbitration body that it is ready to commence arbitration under NAFTA Chapter 11. The two venues for the adjudication of NAFTA Chapter 11 disputes are the World Bank’s International Center for the Settlement of Investment Disputes (ICSID) and the United Nation’s Commission on International Trade Law (UNCITRAL).

Corporation or Investor

Venue

Damages Sought
(U.S.$)

Status of Case

Issue

Cases & Claims Against the United States
Loewen Oct. 30, 1998* ICSID $725 million Dismissed Canadian funeral conglomerate challenged large Mississippi state court damage award granted by a jury in a contract dispute suit by a local company claiming Loewen engaged in anti-competitive, predatory business practices. June 2003 – Claim dismissed on procedural basis. Tribunal found that Loewen’s reorganization as a U.S. corporation under U.S. bankruptcy law destroyed the firm’s ability to bring the NAFTA claim as a foreign investor. Canadian real estate developer challenged City of Boston’s actions in development contract dispute and adverse state supreme court ruling that denied the firm compensation on the grounds that city actions were shielded by principle of sovereign immunity. October 2002 – Claim dismissed on procedural grounds. Tribunal found that the majority of Mondev’s claims, including of expropriation, were time-barred meaning that the dispute on which the claim was based predated NAFTA and that court rulings were well founded in state law. Canadian corporation which produces methanol, a component chemical of gasoline additive MTBE,