Case Details
TC Energy Corporation and TransCanada Pipelines Limited v. United States of America (ICSID Case No. ARB/21/63)
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Oil pipeline project
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Oil, Gas & Mining
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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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TC Energy Corporation (Canadian), TransCanada Pipelines Limited (Canadian)
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United States of America (U.S.)
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December 22, 2021
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September 21, 2022
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Alexis MOURRE (French) - Appointed by the Secretary-General
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Henri C. ÁLVAREZ (Canadian) - Appointed by the Claimant(s)
John R. CROOK (U.S.) - Appointed by the Respondent(s) -
Sidley Austin, Washington, D.C., U.S.A.
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Office of the Legal Adviser, United States Department of State, Washington, D.C., U.S.A.
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English
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Pending
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September 11, 2023 - The United Mexican States files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(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
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)
(a) Original Proceeding
Date | Development |
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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. |