Case Details

Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada (ICSID Case No. ARB/20/52)

Subject of Dispute:

Emissions rights/allowances
Economic Sector:

Other Industry
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement), USMCA (United States-Mexico-Canada Agreement)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Koch Industries, Inc. (U.S.), Koch Supply & Trading, LP (U.S.)
Respondent(s):

Canada (Canadian)
Date Registered:

December 17, 2020
Date of Constitution of Tribunal:

April 27, 2021

Composition of Tribunal

President:

Eduardo ZULETA (Colombian) - Appointed by the Parties
Arbitrators:

Henri C. ÁLVAREZ (Canadian) - Appointed by the Claimant(s)
Andrea K. BJORKLUND (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Steptoe & Johnson, London, U.K.
Respondent(s):

Trade Law Bureau, Ottawa, Canada
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

June 29, 2021 -
The Tribunal issues Procedural Order No. 1 concerning procedural matters.

No References Available.

(a) Original Proceeding

Date	Development
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.