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CAFTA-DR Provides Strong Investor Protections But No Flurry of Cases
An Extract from The Arbitration Review of the Americas 2010
2010
The free trade agreement among the United States, the Dominican Republic, and Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua) (known as CAFTA-DR) was signed on 5 August 2004, and has now entered into force in all of the signatory countries. It includes a chapter (chapter 10) setting out minimum standards of protection for member country investors in each other’s territories – including, importantly, an option for the investor itself to enforce those treaty protections directly in binding international arbitration against a host state. This is a powerful tool for CAFTA-DR investors in protecting their investments, and it means that host states must take the promised investor protections seriously.
An extract from The 2010 Arbitration Review of the Americas - a Global Arbitration Review special report - www.GlobalArbitrationReview.com