First NAFTA Chapter 11 Dispute Settled
November 30, 2001
In compliance with the ruling of a NAFTA Chapter 11 arbitration panel, Mexico
paid $16 million to a U.S. company, Metalclad. Chapter 11 of the NAFTA treaty
permits a foreign investor to directly sue a government and is a departure from
most international dispute settlement mechanisms (such as the WTO) that permit
only government-to-government suits. In this case, Metalclad sued Mexico on the
grounds that the declaration of an ecological reserve on property to be used by
Metalclad as a toxic waste dump represented an effective expropriation of
Metalclad’s investment.