Case Details
Ruby River Capital LLC v. Canada (ICSID Case No. ARB/23/5)
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Liquefied natural gas facility and natural gas pipeline projects
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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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Ruby River Capital LLC (U.S.)
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Canada (Canadian)
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March 9, 2023
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June 22, 2023
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Carole MALINVAUD (French) - Appointed by the Parties
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Barton LEGUM (U.S.) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian, Swiss) - Appointed by the Respondent(s) -
Lalive, Geneva and Zurich, Switzerland and London, U.K.
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Trade Law Bureau, Ottawa, Canada
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Pending
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April 18, 2025 - The Claimant files a reply on the merits.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Request for Arbitration
Procedural Order No. 1
Procedural Order No. 2
Claimant’s Memorial on Jurisdiction and the Merits
Respondent’s Request for Bifurcation
Request for Leave to File a Written Submission as a Non-Disputing Party
Claimant's Observations on the Government of Québec's Request for Leave to File a Written Submission as a Non-Disputing Party
Claimant's Rejoinder on Respondent's Request for Bifurcation
Procedural Order No. 3
Request for Suspension of the Proceeding
Observations on Request for Suspension of the Proceedings
Letter from the Secretariat
Procedural Order No. 1 - Annex B - Procedural Timetable
Respondent’s Counter-Memorial
Procedural Order No. 4
Procedural Order No. 5
Procedural Order No. 6
Procedural Order No. 7
Procedural Order No. 8
Annex A to Procedural Order No. 8
Procedural Order No. 9
Procedural Order No. 10
Available on the ICSID Website
Request for Arbitration (February 17, 2023) English (Original)
Procedural Order No. 1 (August 23, 2023) English (Original); French (Original)
Procedural Order No. 2 (October 17, 2023) English (Original); French (Original)
Claimant’s Memorial on Jurisdiction and the Merits (November 21, 2023) English (Original)
Respondent’s Request for Bifurcation (January 5, 2024) French (Original)
Request for Leave to File a Written Submission as a Non-Disputing Party (January 4, 2024) French (Original)
Claimant's Observations on the Government of Québec's Request for Leave to File a Written Submission as a Non-Disputing Party (January 19, 2024) English (Original)
Claimant's Rejoinder on Respondent's Request for Bifurcation (March 14, 2024) English (Original)
Procedural Order No. 3 (April 9, 2024) English (Original); French (Original)
Request for Suspension of the Proceeding (December 22, 2023) English (Original)
Observations on Request for Suspension of the Proceedings (December 28, 2023) English (Original)
Letter from the Secretariat (December 31, 2023) English (Original); French (Original)
Procedural Order No. 1 - Annex B - Procedural Timetable (September 4, 2024) English (Original); French (Original)
Respondent’s Counter-Memorial (July 15, 2024) French (Original)
Procedural Order No. 4 (November 30, 2024) English (Original); French (Original)
Procedural Order No. 5 (December 20, 2024) English (Original); French (Original)
Procedural Order No. 6 (December 20, 2024) English (Original); French (Original)
Procedural Order No. 7 (December 20, 2024) English (Original); French (Original)
Procedural Order No. 8 (January 3, 2025) English (Original); French (Original)
Annex A to Procedural Order No. 8 (January 16, 2025) English (Original); French (Original)
Procedural Order No. 9 (January 24, 2025) English (Original); French (Original)
Procedural Order No. 10 (March 21, 2025) English (Original); French (Original)
(a) Original Proceeding
Date | Development |
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March 9, 2023 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
March 27, 2023 | Following appointment by the Claimant, Barton Legum (U.S.) accepts his appointment as arbitrator. |
May 4, 2023 | Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator. |
June 22, 2023 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Carole Malinvaud (French), President, appointed by agreement of the parties; Barton Legum (U.S.), appointed by the Claimant; and Zachary Douglas (Australian), appointed by the Respondent. |
June 22, 2023 | Following appointment by agreement of the parties, Carole Malinvaud (French) accepts her appointment as presiding arbitrator. |
August 2, 2023 | The Tribunal holds a first session by video conference. |
August 23, 2023 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
October 17, 2023 | The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality matters. |
November 21, 2023 | The Claimant files a memorial on the merits. |
December 22, 2023 | The Respondent files a request for suspension of the proceeding pursuant to ICSID Arbitration Rule 54(2). |
December 31, 2023 | The Tribunal rejects the Respondent’s request to suspend the proceeding. |
January 4, 2024 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 67(1). |
January 5, 2024 | The Respondents files a request to address the objections to jurisdiction as a preliminary question. |
January 19, 2024 | The Claimant files observations on the non-disputing party’s application. |
February 5, 2024 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
February 26, 2024 | The Respondent files a reply to the request to address the objections to jurisdiction as a preliminary question. |
March 14, 2024 | The Claimant files a rejoinder on the request to address the objections to jurisdiction as a preliminary question. |
April 9, 2024 | The Tribunal issues Procedural Order No. 3 concerning the suspension of the proceeding. |
April 26, 2024 | The Tribunal issues a decision concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question (with reasons to follow); as a result, the preliminary objections are joined to the merits of the dispute. |
July 15, 2024 | The Respondent files a counter-memorial on the merits. |
September 25, 2024 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 67(1). |
October 25, 2024 | Following exchanges between the parties, the parties file requests for the Tribunal to decide on production of documents. |
October 25, 2024 | Each party files observations on the non-disputing party’s application. |
November 30, 2024 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
December 20, 2024 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
December 20, 2024 | The Tribunal issues Procedural Order No. 6 on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 67(5). |
December 20, 2024 | The Tribunal issues Procedural Order No. 7 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 67(5). |
January 3, 2025 | The Tribunal issues Procedural Order No. 8 concerning production of documents. |
January 24, 2025 | The Tribunal issues Procedural Order No. 9 on production of documents. |
March 21, 2025 | The Tribunal issues Procedural Order No. 10 on production of documents. |
April 11, 2025 | The Tribunal issues Procedural Order No. 11 on production of documents. |
April 18, 2025 | The Claimant files a reply on the merits. |