A couple of my Cato colleagues and I are working on some data on NAFTA Chapter 19 disputes, but it has been slow going. In the meantime, a trade lawyer who prefers to remain anonymous put together some data and sent it to me. Taking into account NAFTA Chapter 19 decisions from 1995 until today, and excluding those related to remand redeterminations, the results of NAFTA Chapter 19 appeals look like this for each responding country:
- US:
- won 14
- lost 18
- split (partial win, partial loss) 12
- Canada:
- won 11
- lost 0
- split (partial win, partial loss) 5
- Mexico:
- won 8
- lost 8
- split (partial win, partial loss) 0
To clarify, this means that, taking the US as an example, for AD/CVD decisions by US investigating authorities, the US government won the NAFTA Chapter 19 appeal 14 times, the foreign respondent won 18 times, and there was a split 12 times. A split happens when there are multiple issues appealed, and each side wins some and loses some.
