In October 2003, U.S. Trade Representative Robert B. Zoellick met with his Canadian and Mexican counterparts at the annual meeting of the NAFTA Free Trade Commission in Montreal. As part of the ongoing commitement to make NAFTA more responsive to the needs of the public, the Commission produced two statements to enhance the transparency and efficiency of NAFTA's investor-state arbitration (Chapter 11 of the NAFTA Agreement):
- an affirmation of the authority of investor-state tribunals to accept written submissions (amicus curiae briefs) by non-disputing parties, coupled with recommended procedures for tribunals on the handling of such submissions; and
- endorsement of a standard form for the Notices of Intent to initiate arbitration that idsputing investors are required to submit under Article 1119 of the NAFTA.
Text of the statement and other documents from the meeting are listed below.