Case Details

TC Energy Corporation and TransCanada Pipelines Limited v. United States of America (ICSID Case No. ARB/21/63)

Subject of Dispute:

Oil pipeline project
Economic Sector:

Oil, Gas & Mining
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):

TC Energy Corporation (Canadian), TransCanada Pipelines Limited (Canadian)
Respondent(s):

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

December 22, 2021
Date of Constitution of Tribunal:

September 21, 2022

Composition of Tribunal

President:

Alexis MOURRE (French) - Appointed by the Secretary-General
Arbitrators:

Henri C. ÁLVAREZ (Canadian) - Appointed by the Claimant(s)
John R. CROOK (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Sidley Austin, Washington, D.C., U.S.A.
Respondent(s):

Office of the Legal Adviser, United States Department of State, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

March 20, 2024 - The Tribunal decides on the Claimants’ request of March 15, 2024.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Respondent’s Request for Bifurcation

Claimants’ Observations on Respondent’s Request for Bifurcation

Confidentiality Order

Respondent’s Reply to Claimants’ Observations on Respondent’s Request for Bifurcation

Claimants’ Rejoinder on Respondent’s Request for Bifurcation

Procedural Order No. 2

Respondent’s Memorial on the Preliminary Objection

Claimants’ Counter-Memorial on Respondent’s Preliminary Objection

Non-Disputing State Party Submission of the United Mexican States pursuant to NAFTA Article 1128

Procedural Order No. 3

Procedural Order No. 4

Privilege Expert's Report

Respondent’s Reply on its Preliminary Objection

Addendum to the Privilege Expert's Report

Supplement to the Privilege Expert's Report

Claimants’ Rejoinder on Respondent’s Preliminary Objection

Attachment A to the Claimants’ Rejoinder on Respondent’s Preliminary Objection

Attachment B to the Claimants’ Rejoinder on Respondent’s Preliminary Objection

Available on the ICSID Website

Procedural Order No. 1 (December 12, 2022) English (Original)

Respondent’s Request for Bifurcation (January 11, 2023) English (Original)

Claimants’ Observations on Respondent’s Request for Bifurcation (February 10, 2023) English (Original)

Confidentiality Order (February 8, 2023) English (Original)

Respondent’s Reply to Claimants’ Observations on Respondent’s Request for Bifurcation (March 2, 2023) English (Original)

Claimants’ Rejoinder on Respondent’s Request for Bifurcation (March 22, 2023) English (Original)

Procedural Order No. 2 (April 13, 2023) English (Original)

Respondent’s Memorial on the Preliminary Objection (June 12, 2023) English (Original)

Claimants’ Counter-Memorial on Respondent’s Preliminary Objection (August 11, 2023) English (Original)

Non-Disputing State Party Submission of the United Mexican States pursuant to NAFTA Article 1128 (September 11, 2023) English (Original)

Procedural Order No. 3 (November 6, 2023) English (Original)

Procedural Order No. 4 (December 11, 2023) English (Original)

Privilege Expert's Report (January 18, 2024) English (Original)

Respondent’s Reply on its Preliminary Objection (December 27, 2023) English (Original)

Addendum to the Privilege Expert's Report (January 30, 2024) English (Original)

Supplement to the Privilege Expert's Report (February 9, 2024) English (Original)

Claimants’ Rejoinder on Respondent’s Preliminary Objection (February 9, 2024) English (Original)

Attachment A to the Claimants’ Rejoinder on Respondent’s Preliminary Objection (February 9, 2024) English (Original)

Attachment B to the Claimants’ Rejoinder on Respondent’s Preliminary Objection (February 9, 2024) English (Original)

(a) Original Proceeding

Date	Development
December 22, 2021	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 12, 2022	Following appointment by the Claimants, Henri C. Álvarez (Canadian) accepts his appointment as arbitrator.
February 25, 2022	Following appointment by the Respondent, John R. Crook (U.S.) accepts his appointment as arbitrator.
September 20, 2022	Following appointment by the Secretary-General, Alexis Mourre (French) accepts his appointment as presiding arbitrator.
September 21, 2022	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Alexis Mourre (French), President, appointed by the Secretary-General; Henri C. Alvarez (Canadian), appointed by the Claimants; and John R. Crook (U.S.), appointed by the Respondent.
December 1, 2022	The Tribunal holds a first session by video conference.
December 12, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 11, 2023	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
February 8, 2023	The Tribunal issues an order concerning the confidentiality of documents.
February 10, 2023	The Claimants file observations on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
March 2, 2023	The Respondent files a reply to the Claimants’ observations to its request to address the objections to jurisdiction as a preliminary question.
March 22, 2023	The Claimants file a rejoinder on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
April 13, 2023	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
June 12, 2023	The Respondent files a memorial on jurisdiction.
August 11, 2023	The Claimants file a counter-memorial on jurisdiction.
September 11, 2023	The Claimants file a request for production of documents.
September 11, 2023	The United Mexican States files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
October 11, 2023	The Respondent files observations on the Claimants’ request for production of documents.
October 26, 2023	The Claimants file a response to the Respondent’s observations of October 11, 2023.
November 6, 2023	The Tribunal issues Procedural Order No. 3 concerning production of documents.
December 1, 2023	The Claimants file a request for the Tribunal to decide on production of documents.
December 6, 2023	The Respondent files observations on the Claimants’ request of December 1, 2023.
December 8, 2023	The Claimants file a response to the Respondent’s observations of December 6, 2023.
December 11, 2023	The Tribunal issues Procedural Order No. 4 concerning production of documents.
December 20, 2023	The Tribunal appoints a privilege expert.
December 27, 2023	The Respondent files a reply on jurisdiction.
January 19, 2024	The privilege expert issues its report.
January 20, 2024	The Respondent files a request for the Tribunal to decide on production of documents.
January 22, 2024	The Claimants file observations on the Respondent’s request of January 20, 2024 and a request for the Tribunal to decide on production of documents.
January 23, 2024	The Respondent files observations on the Claimants’ request of January 22, 2024.
January 23, 2024	The Tribunal decides on the Respondent’s request of January 20, 2024.
January 25, 2024	The Claimants file a response to the Respondent’s observations of January 23, 2024.
January 26, 2024	The Respondent files a response to the Claimants’ observations of January 25, 2024.
January 30, 2024	The privilege expert issues an addendum to its report.
January 30, 2024	The Tribunal decides on the Claimants’ request of January 22, 2024.
February 6, 2024	The Claimants file a request for the Tribunal to decide on production of documents.
February 7, 2024	The Respondent files observations on the Claimants’ request of February 6, 2024.
February 9, 2024	The privilege expert issues a supplement to its report.
February 9, 2024	The Tribunal decides on the Claimants’ request of February 6, 2024.
February 9, 2024	The Claimants file a rejoinder on jurisdiction.
February 28, 2024	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
February 29, 2024	The Claimants file observations on the Respondent’s request of February 28, 2024.
March 2, 2024	The Tribunal decides on the Respondent’s request of February 28, 2024.
March 12, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
March 15, 2024	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
March 19, 2024	The Respondent files observations on the Claimants’ request of March 15, 2024.
March 20, 2024	The Tribunal decides on the Claimants’ request of March 15, 2024.