Case Details

The Loewen Group, Inc. and Raymond L. Loewen v. United States of America (ICSID Case No. ARB(AF)/98/3)

Subject of Dispute:

Funeral home and insurance enterprises
Economic Sector:

Services & Trade
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Raymond L. Loewen (Canadian), The Loewen Group, Inc. (Canadian)
Respondent(s):

United States of America (U.S.)
Date Registered:

November 19, 1998
Date of Constitution of Tribunal:

March 17, 1999

Composition of Tribunal

President:

Anthony MASON (Australian) - Appointed by the Parties
Arbitrators:

Abner J. MIKVA (U.S.) - Appointed by the Respondent(s)
Michael MUSTILL (British) - Appointed by the Claimant(s)

Initial Composition of Tribunal

President:

Anthony MASON (Australian)
Arbitrators:

Abner J. MIKVA (U.S.)
L. Yves FORTIER (Canadian)
Reconstituted:

September 19, 2001: Michael MUSTILL (British) appointed following the resignation of L. Yves FORTIER (Canadian)

Party Representatives

Claimant(s):

Fasken Martineau DuMoulin, Vancouver, British Columbia, Canada
Jones, Day, Reavis & Pogue, Washington, D.C., U.S.A.
Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, U.S.A.
Respondent(s):

Executive Director, Office of the Legal Advisor, Department of State, Washington, D.C., U.S.A.
U.S. Department of Justice, Civil Division, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

Award rendered on June 26, 2003.

(b) Supplementary Decision Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

August 11, 2003 (Respondent(s))

Party Representatives

Claimant(s):

Fasken Martineau DuMoulin, Vancouver, British Columbia, Canada
Jones, Day, Reavis & Pogue, Washington, D.C., U.S.A.
Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, U.S.A.
Respondent(s):

Executive Director, Office of the Legal Advisor, Department of State, Washington, D.C., U.S.A.
U.S. Department of Justice, Civil Division, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

Decision on Respondent's Request for a Supplementary Decision issued on September 13, 2004.

(a) Original Proceeding

Published Decisions

Decision on Hearing of Respondent's Objection to Competence and Jurisdiction of January 5, 2001, 7 ICSID Rep. 421 (2005). An electronic text of the decision is available at http://www.state.gov/documents/organization/3921.pdf; French translation of English original in 129 Journal du droit international 217 (2002).

Award of June 26, 2003, 42 ILM 811 (2003), 7 ICSID Rep. 442 (2005); French translation of English original in 131 Journal du droit international 219 (2004) (excerpts). An electronic text of the award is available online at http://www.state.gov/documents/organization/22094.pdf.

(b) Supplementary Decision Proceeding

Published Decisions

Decision on Respondent's Request for a Supplementary Decision of September 13, 2004, 44 ILM 836 (2005).

No References Available.