CAFTA-DR Investor-State Arbitrations
Chapter Ten of the Dominican Republic – Central America – United States Free Trade Agreement (the "CAFTA-DR") contains provisions designed to protect foreign investors and their investments and to facilitate the settlement of investment disputes. For example, each CAFTA-DR Party must accord investors from the other CAFTA-DR Parties national (i.e. non-discriminatory) treatment and may not expropriate investments of those investors in violation of international law. Chapter Ten permits an investor of one CAFTA-DR Party to make a legal claim for money damages for measures taken by another CAFTA-DR Party that allegedly violate the provisions of Chapter Ten. Investors may initiate an arbitration against the CAFTA-DR Party under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings or under the Arbitration Rules of the United Nations Commission on International Trade Law ("UNCITRAL Rules").
The following links provide general background on the CAFTA-DR, the relevant arbitral rules and investment disputes:
- U.S. Department of State, Office of Investment Affairs
- U.S. Department of Commerce, International Trade Administration, Export.gov: U.S. – CAFTA-DR FTA
- U.S. Trade Representative, Dominican Republic – Central America FTA
- OAS Trade Unit's Foreign Trade Information System
- International Centre for Settlement of Investment Disputes (ICSID)
- United Nations Commission on International Trade Law
(UNCITRAL)
The Department of State is the lead agency representing the U.S. Government in CAFTA-DR Chapter Ten cases. The State Department works closely with other agencies to develop U.S. Government positions in these cases.
Since the CAFTA-DR's entry into force, claims have been filed against some of the CAFTA-DR Parties. The links at the left connect to pages describing the cases against each of those State Parties and containing pleadings and certain other documents that are publicly available under the rules and confidentiality agreements applicable in each case.
For more information, contact:
Office of International Claims and Investment Disputes
NAFTA/CAFTA-DR Arbitration
Suite 203, South Building
2430 E Street, N.W.
Washington, DC 20037
202-776-8360
fax 202-776-8388
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