The Yale Law Journal

Cory Adkins

Forum

Democracy and Legitimacy in Investor-State Arbitration

Cory Adkins & David Singh Grewal

In January 2016, the Canadian infrastructure company TransCanada Corporation filed a notice of intent to sue the United States government in a North American Free Trade Agreement (NAFTA) Chapter 11 arbitration over the Keystone XL pipeline. At the center of this dispute is the State Department’s ref…