Note, What Are ‘Friends’ For? In NAFTA Chapter 11 Disputes Accepting Amici Would Help Lift the Curtain of Secrecy Surrounding Investor-State Arbitrations
By Chris Ford , February 8, 2012
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NAFTA, with its provision for investor-state arbitrations, has gone beyond protecting investors from third world style nationalization of assets and created a system by which multinational corporations may punish governments where regulatory legislation is construed as a regulatory taking. But unlike regulatory-takings cases heard in public courts, NAFTA disputes are heard in private and potentially provide only for the investor’s point of view to be fully considered.
