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Using NAFTA to avoid litigation in U.S. courts is a strategy that's catching on. Companies in Canada, Mexico and the U.S. are filing complaints under the trade agreement's Chapter 11 provision which lets them appear before three-member international arbitration panels. The panels are not bound by precedent and some say they have power to overrule American courts. Others say the situation is merely a matter of the U.S. confronting the same rules it imposes in its trade dealings with less developed countries.
February 24, 2004 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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