Case Details
Westmoreland Mining Holdings, LLC v. Canada (ICSID Case No. UNCT/20/3)
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Coal mining project
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Oil, Gas & Mining
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NAFTA (North American Free Trade Agreement)
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UNCITRAL
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Westmoreland Mining Holdings, LLC (U.S.)
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Canada (Canadian)
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Juliet BLANCH (British) - Appointed by the Secretary-General
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James HOSKING (New Zealand, U.S.) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s) -
Baker & Hostetler, Washington, D.C. and Denver, CO, U.S.A.
General Counsel and Corporate Secretary, Westmoreland Mining Holdings LLC, Englewood, CO, U.S.A. -
Trade Law Bureau, Department of Foreign Affairs, Trade and Development Canada, Ottawa, Canada
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English
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Concluded
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January 31, 2022 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Notice of Arbitration
Procedural Order No. 1
Confidentiality Order
Statement of Defence
Request for Bifurcation
Claimant's Response to Canada's Request for Bifurcation
Canada's Reply to Claimant's Response to Request for Bifurcation
Claimant’s Rejoinder to Canada’s Reply in Support of its Request for Bifurcation
Procedural Order No. 2 - Hearing Protocol
Procedural Order No. 3 - Decision on Bifurcation
Hearing on Bifurcation Transcript
Expert Report of Kathryn A. Coleman
Canada’s Memorial on Jurisdiction
Claimant’s Counter-Memorial on Jurisdiction
Appendix A to Claimant’s Counter-Memorial on Jurisdiction
Expert Report of Jan Paulsson
Canada’s Reply Memorial on Jurisdiction
Second Expert Report of Kathryn A. Coleman
Claimant’s Rejoinder on Jurisdiction
Second Expert Report of Jan Paulsson
Mexico’s NAFTA Article 1128 submission
Claimant’s Response to the Article 1128 Submission
Canada’s Response to the Article 1128 Submission
Hearing on Jurisdiction Transcript – Day 1
Hearing on Jurisdiction Transcript – Day 2
Claimant’s Submissions on Cost dated August 19, 2021
Canada’s Submission on Costs dated August 19, 2021
Award of the Tribunal
Available on the ICSID Website
Notice of Arbitration (August 12, 2019) English (Original)
Procedural Order No. 1 (April 22, 2020) English (Original)
Confidentiality Order (April 22, 2020) English (Original)
Statement of Defence (June 26, 2020) English (Original)
Request for Bifurcation (July 24, 2020) English (Original)
Claimant's Response to Canada's Request for Bifurcation (August 14, 2020) English (Original)
Canada's Reply to Claimant's Response to Request for Bifurcation (August 28, 2020) English (Original)
Claimant’s Rejoinder to Canada’s Reply in Support of its Request for Bifurcation (September 11, 2020) English (Original)
Procedural Order No. 2 - Hearing Protocol (September 21, 2020) English (Original)
Procedural Order No. 3 - Decision on Bifurcation (October 20, 2020) English (Original)
Hearing on Bifurcation Transcript (September 24, 2020) English (Original)
Expert Report of Kathryn A. Coleman (December 16, 2020) English (Original)
Canada’s Memorial on Jurisdiction (December 18, 2020) English (Original)
Claimant’s Counter-Memorial on Jurisdiction (February 26, 2021) English (Original)
Appendix A to Claimant’s Counter-Memorial on Jurisdiction (February 26, 2021) English (Original)
Expert Report of Jan Paulsson (February 26, 2021) English (Original)
Canada’s Reply Memorial on Jurisdiction (April 9, 2021) English (Original)
Second Expert Report of Kathryn A. Coleman (April 9, 2021) English (Original)
Claimant’s Rejoinder on Jurisdiction (May 21, 2021) English (Original)
Second Expert Report of Jan Paulsson (May 21, 2021) English (Original)
Mexico’s NAFTA Article 1128 submission (June 11, 2021) English (Original)
Claimant’s Response to the Article 1128 Submission (June 25, 2021) English (Original)
Canada’s Response to the Article 1128 Submission (June 25, 2021) English (Original)
Hearing on Jurisdiction Transcript – Day 1 (July 14, 2021) English (Original)
Hearing on Jurisdiction Transcript – Day 2 (July 15, 2021) English (Original)
Claimant’s Submissions on Cost dated August 19, 2021 (August 19, 2021) English (Original)
Canada’s Submission on Costs dated August 19, 2021 (August 19, 2021) English (Original)
Award of the Tribunal (January 31, 2022) English (Original)
(a) Original Proceeding
Date | Development |
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February 24, 2020 | The Tribunal is constituted in accordance with the UNCITRAL Arbitration Rules (1976). Its members are: Juliet Blanch (British), President, appointed by the Secretary-General in accordance with the agreement of the Parties; James Hosking (U.S./New Zealand), appointed by the Claimants; and Zachary Douglas (Australian), appointed by the Respondent. |
April 7, 2020 | The Tribunal holds a preliminary procedural consultation with the Parties by telephone conference. |
April 22, 2020 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
April 22, 2020 | The Tribunal issues a procedural order concerning the confidentiality of documents. |
June 26, 2020 | The Respondent files a Statement of Defence. |
July 24, 2020 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
August 14, 2020 | The Claimant files a response on the request to address the objections to jurisdiction as a preliminary question. |
August 28, 2020 | The Respondent files a reply on its request to address the objections to jurisdiction as a preliminary question. |
September 11, 2020 | The Claimant files a rejoinder on the request to address the objections to jurisdiction as a preliminary question. |
September 21, 2020 | The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing on Respondent’s request to address the objections to jurisdiction as a preliminary question. |
September 24, 2020 | The Tribunal holds a hearing on Respondent’s request to address the objections to jurisdiction as a preliminary question by video conference. |
October 20, 2020 | The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
December 18, 2020 | The Respondent files a memorial on jurisdiction. |
February 26, 2021 | The Claimant files a counter-memorial on jurisdiction. |
April 9, 2021 | The Respondent files a reply on jurisdiction. |
May 21, 2021 | The Claimant files a rejoinder on jurisdiction. |
June 11, 2021 | The United Mexican States files a written submission as a non-disputing party pursuant to NAFTA Article 1128. |
June 25, 2021 | Each party files observations on the non-disputing party’s written submission. |
July 2, 2021 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
July 8, 2021 | The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing. |
July 14, 2021 - July 15, 2021 | The Tribunal holds a hearing on jurisdiction by video conference. |
August 19, 2021 | Each party files a submission on costs. |
January 31, 2022 | The Tribunal renders its award. |