(a) Original Proceeding

Published Decisions

Notice of Intent

Notice of Arbitration

Procedural Order on Two Disputed Issues

Canada’s Response to the Notice of Arbitration

Procedural Order No. 1

Confidentiality Order

Claimant’s Memorial

Respondent’s Counter-Memorial (July 24, 2015)

Procedural Order on Disputed Document Requests

Procedural Order No. 2

Procedural Order on Withheld and Redacted Documentation

Procedural Order on the Claimant’s Applications dated 31 March 2017 and 27 April 2017

Procedural Order No. 3

Claimant’s Reply (May 22, 2017)

Procedural Order No. 4

Procedural Order No. 5

Application for leave to file an amicus curiae submission submitted by Mr. Muhammad Muzahidul Islam

Application for leave to file an amicus curiae submission submitted by the Centre québécois du droit de l'environnement (CQDE)

NAFTA Article 1128 Submission of United Mexican States

NAFTA Article 1128 Submission of United States of America

Claimant’s Observations on the submission of the Centre québécois du droit de l'environnement (CQDE)

Claimant's Observations on Non-Disputing Party Applications

Respondent’s Observations on Non-Disputing Party Applications

Procedural Order on Amici Applications for Leave to File Non-Disputing Party Submissions

Amicus Curiae submission of the Centre québécois du droit de l'environnement (CQDE)

Procedural Order No. 6

Procedural Order No. 7

Respondent’s Rejoinder (August 4, 2017)

Claimant's Observations on NAFTA Article 1128 Submissions

Respondent’s Observations on NAFTA Article 1128 Submissions

Award of the Tribunal

Partial Dissenting Opinion of Arbitrator David R. Haigh K.C.

Available on the ICSID Website

Notice of Intent (November 8, 2012) English (Original)

Notice of Arbitration (September 6, 2013) English (Original)

Procedural Order on Two Disputed Issues (February 6, 2015) English (Original)

Canada’s Response to the Notice of Arbitration (February 27, 2015) French (Original)

Procedural Order No. 1 (March 11, 2015) English (Original)

Confidentiality Order (March 11, 2015) English (Original)

Claimant’s Memorial (April 10, 2015) English (Original)

Respondent’s Counter-Memorial (July 24, 2015) (January 15, 2016) French (Original)

Procedural Order on Disputed Document Requests (May 27, 2016) English (Original)

Procedural Order No. 2 (October 19, 2016) English (Original)

Procedural Order on Withheld and Redacted Documentation (February 24, 2017) English (Original)

Procedural Order on the Claimant’s Applications dated 31 March 2017 and 27 April 2017 (May 4, 2017) English (Original)

Procedural Order No. 3 (June 14, 2017) English (Original)

Claimant’s Reply (May 22, 2017) (July 25, 2017) English (Original)

Procedural Order No. 4 (July 27, 2017) English (Original)

Procedural Order No. 5 (August 10, 2017) English (Original)

Application for leave to file an amicus curiae submission submitted by Mr. Muhammad Muzahidul Islam (August 4, 2017) English (Original)

Application for leave to file an amicus curiae submission submitted by the Centre québécois du droit de l'environnement (CQDE) (August 16, 2017) French (Original)

NAFTA Article 1128 Submission of United Mexican States (August 16, 2017) English (Original)

NAFTA Article 1128 Submission of United States of America (August 16, 2017) English (Original)

Claimant’s Observations on the submission of the Centre québécois du droit de l'environnement (CQDE) (September 22, 2017) English (Original)

Claimant's Observations on Non-Disputing Party Applications (August 30, 2017) English (Original)

Respondent’s Observations on Non-Disputing Party Applications (August 30, 2017) French (Original)

Procedural Order on Amici Applications for Leave to File Non-Disputing Party Submissions (September 10, 2017) English (Original)

Amicus Curiae submission of the Centre québécois du droit de l'environnement (CQDE) (August 16, 2017) French (Original)

Procedural Order No. 6 (September 13, 2017) English (Original)

Procedural Order No. 7 (September 14, 2017) English (Original)

Respondent’s Rejoinder (August 4, 2017) (September 22, 2017) French (Original)

Claimant's Observations on NAFTA Article 1128 Submissions (September 22, 2017) English (Original)

Respondent’s Observations on NAFTA Article 1128 Submissions (September 22, 2017) French (Original)

Award of the Tribunal (November 21, 2022) English (Original); French (Original)

Partial Dissenting Opinion of Arbitrator David R. Haigh K.C. (November 21, 2022) English (Original); French (Original)

(a) Original Proceeding

Date	Development
September 13, 2014	The Tribunal is constituted in accordance with the UNCITRAL Arbitration Rules (2010) and Chapter Eleven of the North American Free Trade Agreement. Its members are: V.V. Veeder (British), President, appointed by the parties; David R. Haigh (Canadian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
January 9, 2015	The Tribunal holds a procedural hearing by telephone conference.
January 19, 2015	The parties file a joint written submission on procedural matters.
January 23, 2015	Each party files a written submission on procedural matters.
February 6, 2015	The Tribunal issues a Procedural Order concerning procedural matters.
March 11, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters and an order concerning the confidentiality of information.
April 10, 2015	The Claimant files a memorial on the merits.
January 15, 2016	The Respondent files a counter-memorial on the merits.
April 4, 2016	Each party files a request for the Tribunal to decide on production of documents.
April 18, 2016	Each party files observations on the other party’s request for the Tribunal to decide on production of documents.
May 6, 2016	Each party files a response to the other party’s observations of April 18, 2016.
May 27, 2016	The Tribunal issues a procedural order concerning production of documents.
October 19, 2016	The Tribunal issues a procedural order concerning the procedural calendar.
February 24, 2017	The Tribunal issues a procedural order concerning production of documents.
May 4, 2017	The Tribunal issues a procedural order concerning production of documents and procedural matters.
June 14, 2017	The Tribunal issues a procedural order concerning the procedural calendar.
July 27, 2017	The Tribunal issues a procedural order concerning the procedural calendar.
August 4, 2017	The Respondent files a rejoinder on the merits. A non-disputing party files an application for leave to file a written submission.
August 10, 2017	The Tribunal issues a procedural order concerning the procedural calendar.
August 16, 2017	A non-disputing party files an application for leave to file a written submission. The United Mexican States files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128. The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
August 30, 2017	Each party files observations on the non-disputing parties’ applications.
September 10, 2017	The Tribunal issues a procedural order concerning the two non-disputing parties’ applications for leave to file a written submission.
September 12, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
September 13, 2017	The Tribunal issues a procedural order concerning procedural matters.
September 14, 2017	The Tribunal issues a procedural order concerning procedural matters.
September 22, 2017	Each party files observations on the written submissions of the United Mexican States and the United States of America of August 16, 2017. The Claimant files observations on the written submission of a non-disputing party.
October 2, 2017 - October 13, 2017	The Tribunal holds a hearing on the merits in Toronto.
November 24, 2017	The Tribunal holds a further hearing on the merits in Montreal.
March 9, 2020	Following the passing away of arbitrator V.V. VEEDER (British), the Secretary-General notifies the parties of the vacancy on the Tribunal.
September 21, 2020	Following the passing away of arbitrator V.V. Veeder (British), Albert Jan van den Berg (Dutch) accepts his appointment as President of the Tribunal, appointed by agreement of the parties in accordance with UNCITRAL Arbitration Rules (2010) and Chapter Eleven of the North American Free Trade Agreement.
September 21, 2020	The Tribunal is reconstituted in accordance with the UNCITRAL Arbitration Rules (2010) and Chapter Eleven of the North American Free Trade Agreement. Its members are: Albert Jan van den Berg (Dutch), President, appointed by the parties; David R. Haigh (Canadian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
February 5, 2021	Each party files a post-hearing brief.
February 11, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
February 23, 2021	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
February 25, 2021 - February 26, 2021	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
November 21, 2022	The Tribunal renders its Award.