In addition to digital trade issues, the documents provide insight into communications between Warren’s office and the USTR regarding investor-state arbitration. One notable example is a May 2023 letter from U.S. Trade Representative Katherine Tai to Warren and U.S. Rep. Lloyd Doggett, D-Texas, responding to their earlier request for support in the Honduran government’s fight against a U.S.-based developer’s multibillion-dollar claim.
Tai’s letter stated, “President Biden does not believe corporations should receive special tribunals in trade agreements that are not available to other organizations, and he opposes the ability of private corporations to attack labor, health, and environmental policies through [investor-state dispute settlement]. I share these views, and the United States is not currently pursuing any trade or investment agreements that would establish ISDS.” She added that her office is “closely tracking” the case but did not indicate any further action plans.
The documents also include several email exchanges between Warren’s office, the USTR, and the U.S. Department of State arranging meetings to discuss the investor-state arbitration issue.
