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NAFTA Chapter 11 Arbitration Panel

Case Status

Decided

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Outcome

June 11, 2007

The NAFTA Chapter 11 Arbitration panel dismissed UPS’s complaint.

U.S. Chamber files amicus brief on the right of national treatment under NAFTA

October 20, 2005

NCLC filed a brief urging the arbitral panel to adopt the strict World Trade Organization definition of the right of national treatment when it interpreted the analogous provision in the North American Free Trade Agreement. The right of national treatment requires that companies from other NAFTA member countries enjoy the same rights of access to markets as do domestic companies. UPS has filed a complaint with the NAFTA arbitration panel that the Government of Canada has not provided a level playing field in the courier market.

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