U.S.-Morocco FTA Investor-State Arbitrations

Chapter Ten of the United States-Morocco Free Trade Agreement (U.S.-Morocco 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 ICSID Additional Facility Rules.

The following links provide general background on the U.S.-Morocco FTA, the relevant arbitral rules, and investment disputes:

• U.S. Department of State, Office of Investment Affairs
• U.S. Trade Representative, U.S.-Morocco Free Trade Agreement
• International Centre for Settlement of Investment Disputes (ICSID) 
• United Nations Commission on International Trade Law 

The Department of State is the lead agency representing the U.S. government in U.S.-Morocco Chapter Ten cases.  The State Department works closely with other agencies to develop U.S. government positions in these cases.

The links at the top 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 the U.S.-Morocco FTA shall be served on the United States by delivery to:

Executive Director (L/EX)
Office of the Legal Adviser
Department of State
Washington, DC 20520