In the Arbitration under Chapter 11 of the North American Free Trade Agreement and the UNCITRAL Arbitration Rules

This document consists of the final submissions made by the International Institute for Sustainable Development (IISD) on October 16, 2000, to an arbitral tribunal. The IISD is petitioning for amicus curiae status in the Chapter 11 NAFTA arbitration between Methanex Corporation and the United States of America, arguing that the case involves significant public interest and environmental issues that warrant independent legal perspectives.

• The IISD is seeking three specific permissions from the tribunal: the ability to file a written amicus brief after reviewing the parties' memorials, the opportunity to make oral submissions, and observer status at oral hearings.
• The IISD argues that the NAFTA Chapter 11 process is perceived by the public as being "closed, secretive, non-transparent and one-sided," and that granting amicus status would help remedy this perception and increase the public acceptability of the tribunal's decision.
• The Petitioner expresses concern that the Metalclad v. United Mexican States decision focused exclusively on economic objectives while ignoring NAFTA preamble commitments to environmental protection, the safeguarding of public welfare, and the promotion of sustainable development.
• The IISD warns that the legal analysis used in the Metalclad case regarding expropriation under Article 1110 could negatively impact environmental protection and potentially transform the "polluter pays" principle into a "pay the polluter" principle.
• The IISD rejects Methanex Corp.'s argument that allowing amicus participation would open "floodgates" to too many petitions, citing World Trade Organization (WTO) experience where the highest number of amicus submissions in a single case was four for a panel and three for the Appellate Body.
• The Petitioner asserts there is no general principle of confidentiality in NAFTA, the UNCITRAL Rules, or the ICSID (Additional Facility) Rules that would bar amicus participation, noting that different tribunals in cases like S.D. Myers and Pope & Talbot have taken inconsistent approaches to confidentiality.
• The IISD suggests the tribunal should adopt broad standards for amicus intervention similar to those used by the WTO Appellate Body and the Supreme Court of Canada, focusing on whether the intervener has an interest in the issue and if the submissions would be useful and provide a fresh perspective.

APA

International Institute for Sustainable Development (n.d.). In the Arbitration under Chapter 11 of the North American Free Trade Agreement and the UNCITRAL Arbitration Rules. https://www.iisd.org/system/files/publications/methanex_petition_oct162000.pdf

Chicago

International Institute for Sustainable Development. In the Arbitration under Chapter 11 of the North American Free Trade Agreement and the UNCITRAL Arbitration Rules. n.d. https://www.iisd.org/system/files/publications/methanex_petition_oct162000.pdf.

Wikipedia

{{cite report |author=International Institute for Sustainable Development |title=In the Arbitration under Chapter 11 of the North American Free Trade Agreement and the UNCITRAL Arbitration Rules |url=https://www.iisd.org/system/files/publications/methanex_petition_oct162000.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{internationalinstituteforsustainabledevelopmentndarbitration, author = {{International Institute for Sustainable Development}}, title = {{In the Arbitration under Chapter 11 of the North American Free Trade Agreement and the UNCITRAL Arbitration Rules}}, institution = {International Institute for Sustainable Development}, url = {https://www.iisd.org/system/files/publications/methanex_petition_oct162000.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }