Case Details
Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada (ICSID Case No. ARB/20/52)
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Emissions rights/allowances
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Other Industry
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NAFTA (North American Free Trade Agreement), USMCA (United States-Mexico-Canada Agreement)
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ICSID Convention - Arbitration Rules
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Koch Industries, Inc. (U.S.), Koch Supply & Trading, LP (U.S.)
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Canada (Canadian)
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December 17, 2020
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April 27, 2021
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Eduardo ZULETA (Colombian) - Appointed by the Parties
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Henri C. ÁLVAREZ (Canadian) - Appointed by the Claimant(s)
Andrea K. BJORKLUND (U.S.) - Appointed by the Respondent(s) -
Steptoe & Johnson, London, U.K.
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Trade Law Bureau, Ottawa, Canada
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English
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Pending
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April 12, 2022 - The Tribunal issues Procedural Order No. 2 concerning production of documents.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Notice of Intent
Request for Arbitration
Claimants’ Memorial on Jurisdiction and the Merits
Procedural Order No. 1
Confidentiality Order
Procedural Order No. 2
Respondent’s Counter-Memorial on Jurisdiction and the Merits
Available on the ICSID Website
Notice of Intent (February 20, 2020) English (Original)
Request for Arbitration (December 7, 2020) English (Original)
Claimants’ Memorial on Jurisdiction and the Merits (October 6, 2021) English (Original)
Procedural Order No. 1 (June 29, 2021) English (Original)
Confidentiality Order (October 7, 2021) English (Original)
Procedural Order No. 2 (April 12, 2022) English (Original)
Respondent’s Counter-Memorial on Jurisdiction and the Merits (February 17, 2022) English (Original)
(a) Original Proceeding
Date | Development |
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December 17, 2020 | The Secretary-General registers a request for the institution of arbitration proceedings. |
January 4, 2021 | Following appointment by the Claimants, Henri Álvarez (Canadian) accepts his appointment as arbitrator. |
January 13, 2021 | Following appointment by the Respondent, Andrea K. Bjorklund (U.S.) accepts her appointment as arbitrator. |
April 27, 2021 | Following appointment by agreement of the parties, Eduardo Zuleta (Colombian) accepts his appointment as presiding arbitrator. |
April 27, 2021 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President, appointed by agreement of the parties; Henri C. Álvarez (Canadian), appointed by the Claimants; and Andrea K. Bjorklund (U.S.), appointed by the Respondent. |
June 24, 2021 | The Tribunal holds a first session by video conference. |
June 29, 2021 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
October 6, 2021 | The Claimants file a memorial on jurisdiction and the merits. |
October 7, 2021 | The Tribunal issues a procedural order concerning the confidentiality of documents. |
February 17, 2022 | The Respondent files a counter-memorial on jurisdiction and the merits. |
April 1, 2022 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
April 12, 2022 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |