Case Details

Ruby River Capital LLC v. Canada (ICSID Case No. ARB/23/5)

Subject of Dispute:

Liquefied natural gas facility and natural gas pipeline projects
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):

Ruby River Capital LLC (U.S.)
Respondent(s):

Canada (Canadian)
Date Registered:

March 9, 2023
Date of Constitution of Tribunal:

June 22, 2023

Composition of Tribunal

President:

Carole MALINVAUD (French) - Appointed by the Parties
Arbitrators:

Barton LEGUM (U.S.) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Lalive, Geneva and Zurich, Switzerland and London, U.K.
Respondent(s):

Trade Law Bureau, Ottawa, Canada
Status of Proceeding:

Pending
Latest Development:

September 25, 2024 - A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 67(1).

(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

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)

(a) Original Proceeding

Date	Development
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	Following appointment by agreement of the parties, Carole Malinvaud (French) accepts her appointment as presiding 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.
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).