CAFTA-DR Investor-State Arbitrations

For more information please see State Department Archives

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 NAFTA Chapter Eleven 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
Investment Arbitration
Suite 203, South Building
2430 E Street, N.W.
Washington, DC 20037
tel: 202-776-8360
fax: 202-776-8388

Notices and other documents in disputes under Section B of CAFTA-DR Chapter 10 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