U.S.-Chile FTA Investor-State Arbitrations
Chapter Ten of the United States-Chile Free Trade Agreement (U.S.-Chile FTA) contains provisions designed to protect foreign investors and their investments and to facilitate the settlement of investment disputes. For example, each State Party must accord investors from the other Party 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 Party to make a legal claim for money damages for measures taken by the other Party that allegedly violate the provisions of Chapter Ten. An investor may initiate arbitration against that Party under the UNCITRAL Arbitration Rules or, as applicable, the ICSID Convention or the ICSID Additional Facility Rules.
The following links provide general background on the U.S.-Chile FTA, the relevant arbitration rules, and investment disputes:
- International Centre for Settlement of Investment Disputes (ICSID)
- U.S. Department of State, Office of Investment Affairs
- U.S. Department of Commerce, International Trade Administration, Export.gov – The U.S.-Chile Free Trade Agreement (FTA)
- U.S. Trade Representative, Chile Free Trade Agreement
- OAS Trade Unit's Foreign Trade Information System
- United Nations Commission on International Trade Law (UNCITAL)
The Department of State is the lead agency representing the U.S. government in U.S.-Chile FTA Chapter Ten cases. The State Department works closely with other agencies to develop U.S. government positions in these cases.
The links at the left connect to pages describing any cases against a State Party and contain 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
Suite 203, South Building
2430 E Street, N.W.
Washington, DC 20037
Notices and other documents in disputes under Section B of the U.S.-Chile FTA shall be served on the United States by delivery to:
Executive Director (L/EX)
Office of the Legal Adviser
Department of State
Washington, D.C. 20520
United States of America