3 demands that could sink the NAFTA overhaul — SNL

Sept. 14, 2017

Osler partner Riyaz Dattu says Chapter 19 will be a sticking point during NAFTA renegotiations, according to an article in SNL. In her article, author Paula Schaap explores several key issues arising during the NAFTA talks and their implications. Riyaz, a partner in Osler’s International Trade and Investment Law Group, says one of the issues that Canada would never go along with is the removal of Chapter 19 — an approach favoured by the U.S. — which allows for reviews of anti-dumping and countervailing penalties in front of an international arbitration panel. Riyaz says Canada likely won’t let that happen.

"The dynamics of renegotiation are different than the dynamics of an initial agreement," Riyaz tells SNL. In a renegotiation the question is, "we're only willing to make a new deal if it helps us."

In terms of the anticipated timeframe for the conclusion of the NAFTA talks, while officials have remained hopeful of a resolution by the end of 2017, Riyaz says it will likely take much longer.

"I anticipate it will take at least a year to get all of the issues dealt with," Riyaz tells SNL.

If you subscribe to SNL online, part of S&P Global, read Paula Schaap’s article “3 demands that could sink NAFTA overhaul” in SNL Latin America Financials Daily.