Case Details
Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada (ICSID Case No. ARB(AF)/07/4)
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Petroleum development projects
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Oil, Gas & Mining
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NAFTA (North American Free Trade Agreement)
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ICSID Additional Facility - Arbitration Rules
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Mobil Investments Canada Inc. (U.S.), Murphy Oil Corporation (U.S.)
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Canada (Canadian)
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December 19, 2007
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March 9, 2009
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Hans VAN HOUTTE (Belgian) - Appointed by the Parties
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Merit JANOW (U.S.) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(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 -
Trade Law Bureau, Department of Foreign Affairs and International Trade of Canada, Ottawa, Canada
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English
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Concluded
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February 20, 2015 - The tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(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 |
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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. |