Case Details

Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada (ICSID Case No. ARB(AF)/07/4)

Subject of Dispute:

Petroleum development projects
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Mobil Investments Canada Inc. (U.S.), Murphy Oil Corporation (U.S.)
Respondent(s):

Canada (Canadian)
Date Registered:

December 19, 2007
Date of Constitution of Tribunal:

March 9, 2009

Composition of Tribunal

President:

Hans VAN HOUTTE (Belgian) - Appointed by the Parties
Arbitrators:

Merit JANOW (U.S.) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Debevoise & Plimpton, New York, NY, U.S.A.
Law Departments of Exxon Mobil Corporation and Murphy Oil Corporation, Houston, TX and El Dorado, AR, U.S.A.
Salans FMC SNR Denton Europe
Respondent(s):

Trade Law Bureau, Department of Foreign Affairs and International Trade of Canada, Ottawa, Canada
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 20, 2015 - The tribunal renders its award.

(a) Original Proceeding

Published Decisions

Decision on Liability and on Principles of Quantum

Dissenting Opinion

Procedural Order No. 1 concerning the Place of Arbitration

Procedural Order No. 2 concerning the Court of the Place of Arbitration

Award of the Tribunal

Available on the ICSID Website

Decision on Liability and on Principles of Quantum (May 22, 2012) English (Original)

Dissenting Opinion (May 22, 2012) English (Original)

Procedural Order No. 1 concerning the Place of Arbitration (October 7, 2009) English (Original)

Procedural Order No. 2 concerning the Court of the Place of Arbitration (November 5, 2009) English (Original)

Award of the Tribunal (February 20, 2015) English (Original)

(a) Original Proceeding

Date	Development
December 19, 2007	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
November 6, 2008	The Respondent requests the Acting Secretary-General to issue an order taking note of the discontinuance of the proceeding pursuant to Article 51 of the ICSID Arbitration (Additional Facility) Rules.
November 10, 2008	The Claimants file observations on the Respondent's request of November 6, 2008.
November 14, 2008	The Respondent files a reply on the discontinuance of the proceeding.
November 19, 2008	The Claimants file a rejoinder on the discontinuance of the proceeding.
December 10, 2008	The Respondent's request of November 6, 2008 is declined by the Acting Secretary-General.
December 11, 2008	Following appointment by the Claimants, Merit Janow (U.S.) accepts her appointment as arbitrator.
December 23, 2008	Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator.
March 4, 2009	Following appointment by the parties, Hans Van Houtte (Belgian) accepts his appointment as presiding arbitrator.
March 9, 2009	The Tribunal is constituted in accordance with Article 13(1) of the ICSID Arbitration (Additional Facility) Rules. Its members are: Hans Van Houtte (Belgian), President, appointed by agreement of the parties; Merit Janow (U.S.) appointed by the Claimants; and Philippe Sands (British/French), appointed by the Respondent.
May 6, 2009	The Tribunal holds a first session in New York and issues a procedural order on confidentiality.
August 3, 2009	The Claimants file a memorial on the merits.
October 6, 2009	The Respondent files a request for production of documents.
October 7, 2009	The Tribunal issues a procedural order concerning the place of arbitration.
October 15, 2009	The Claimants file observations on the Respondent’s request for production of documents.
October 28, 2009	The Claimants file further observations on the Respondent’s request for production of documents.
October 29, 2009	The Respondent files a response to the Claimants’ observations of October 15, 2009 and October 28, 2009.
November 5, 2009	The Tribunal issues a further procedural order concerning the place of arbitration.
November 30, 2009	The Tribunal issues a decision on production of documents.
December 1, 2009	The Respondent files a counter-memorial on the merits.
March 15, 2010	The Claimants file a request for production of documents. The Respondent files observations on the Claimants’ request for production of documents.
March 27, 2010	The Tribunal decides on the request for production of documents.
April 8, 2010	The Claimants file a reply on the merits.
May 12, 2010	The Respondent files a further request for production of documents
May 14, 2010 - May 18, 2010	The Claimants file observations on the Respondent’s request for production of documents.
May 24, 2010	The Tribunal issues a decision on the request for production of documents.
June 9, 2010	The Respondent files a rejoinder on the merits.
July 8, 2010	The United States of America and the United Mexican States file written submissions pursuant to NAFTA Article 1128.
September 1, 2010	The Claimants file observations on the submissions of the United States of America and the United Mexican States of July 8, 2011.
October 19, 2010 - October 22, 2010	The Tribunal holds a hearing on the merits in Washington, D.C.
December 3, 2010	The parties file post-hearing briefs.
January 21, 2011	The United States of America and the United Mexican States file further submissions pursuant to NAFTA Article 1128.
January 31, 2011	The parties file reply post-hearing briefs.
February 7, 2011	The parties file observations on the submissions of the United States of America and the United Mexican States of January 21, 2011.
February 9, 2011	The Respondent files a response to the Claimants’ observations of February 7, 2011.
February 18, 2011	The Tribunal issues a decision concerning the Claimants’ observations of February 7, 2011.
June 23, 2011	The Tribunal poses questions to the parties.
July 29, 2011	The parties file answers to questions posed by the Tribunal after the hearing.
August 26, 2011	Each party files a response to the other party’s answers of July 29, 2011.
November 8, 2011	Each party files a statement of costs.
May 22, 2012	The Tribunal issues a decision on Liability and Principles of Quantum; attached to the decision is a dissenting opinion by arbitrator Philippe Sands.
July 23, 2012	The Claimants file a further submission on quantum.
September 7, 2012	The Respondent files a request for the Tribunal to decide on production of documents.
September 17, 2012	The Claimants file observations on the Respondent's request for the Tribunal to decide on production of documents.
October 3, 2012	The Tribunal decides on production of documents.
October 19, 2012	The Respondent files observations on the Claimants' further submission on quantum.
November 30, 2012	The Claimants file a reply on quantum.
January 25, 2013	The Respondent files a rejoinder on quantum.
March 27, 2013	The Tribunal issues Procedural Order No. 3 concerning the hearing on damages.
April 23, 2013	The Tribunal holds a hearing on quantum in Washington, D.C.
May 14, 2013	The Tribunal poses questions to the parties.
May 28, 2013	Each party files answers to the questions posed by the Tribunal on May 14, 2013.
August 14, 2013	Each party files a submission on costs.
December 27, 2013	The Claimants file observations on the Respondent's submission on costs.
January 17, 2014	The Respondent files a response to the Claimants' observations of December 27, 2013.
January 21, 2014	The Tribunal declares the proceeding closed in accordance with Article 44 of the ICSID Arbitration (Additional Facility) Rules.
February 20, 2015	The tribunal renders its award.