Case Details

Theodore D. Einarsson and others v. Canada (ICSID Case No. UNCT/20/6)

Subject of Dispute:

Seismic data enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement)
Applicable Rules:

UNCITRAL

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Theodore David Einarsson (U.S.), Harold Paul Einarsson (U.S.), Russell John Einarsson (U.S.), Geophysical Service Incorporated (Canadian)
Respondent(s):

Canada (Canadian)

Composition of Tribunal

President:

Carita WALLGREN-LINDHOLM (Finnish) - Appointed by the Parties
Arbitrators:

Trey GOWDY (U.S.) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Borden Ladner Gervais, Calgary, Canada
Respondent(s):

Trade Law Bureau, Global Affairs Canada, Ottawa, Canada
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

March 1, 2024 - The Tribunal holds a hearing on the Claimants’ request to compel production of documents with the parties by videoconference.

(a) Original Proceeding

Published Decisions

Witness Statement of Theodore David Einarsson (Public Version)

Procedural Order

Statement of Defence

Confidentiality Order

Witness Statement of Russell John Einarsson (Public Version)

Witness Statement of Ralph Maitland

Expert Report of Nigel Bankes

Expert Report of “Chip” Gordon C. Gill

Expert Report of Paul Sharp, Pricewaterhouse Coopers LLP (Public Version)

Witness Statement of Harold Paul Einarsson (Public Version)

Claimants’ Memorial

RER-03 - Expert Opinion of Doug Uffen

RER-02, Expert Report of Robert Hobbs

RWS-03 - Witness Statement of Carl Makrides

RER-04, Expert Report of The Brattle Group

RWS-01 - Witness Statement of Bharat Dixit

RWS-02 - Witness Statement of Trevor Bennett

Counter-Memorial on Jurisdiction, Merits and Damages

Available on the ICSID Website

Witness Statement of Theodore David Einarsson (Public Version) (December 2, 2019) English (Original)

Procedural Order (May 10, 2022) English (Original)

Statement of Defence (June 9, 2022) English (Original)

Confidentiality Order (June 13, 2022) English (Original)

Witness Statement of Russell John Einarsson (Public Version) (August 4, 2022) English (Original)

Witness Statement of Ralph Maitland (August 24, 2022) English (Original)

Expert Report of Nigel Bankes (August 30, 2022) English (Original)

Expert Report of “Chip” Gordon C. Gill (September 13, 2022) English (Original)

Expert Report of Paul Sharp, Pricewaterhouse Coopers LLP (Public Version) (September 26, 2022) English (Original)

Witness Statement of Harold Paul Einarsson (Public Version) (September 27, 2022) English (Original)

Claimants’ Memorial (September 27, 2022) English (Original)

RER-03 - Expert Opinion of Doug Uffen (January 13, 2023) English (Original)

RER-02, Expert Report of Robert Hobbs (January 14, 2023) English (Original)

RWS-03 - Witness Statement of Carl Makrides (January 14, 2023) English (Original)

RER-04, Expert Report of The Brattle Group (January 16, 2023) English (Original)

RWS-01 - Witness Statement of Bharat Dixit (January 16, 2023) English (Original)

RWS-02 - Witness Statement of Trevor Bennett (January 16, 2023) English (Original)

Counter-Memorial on Jurisdiction, Merits and Damages (January 17, 2023) English (Original)

(a) Original Proceeding

Date	Development
August 26, 2020	The Tribunal is constituted in accordance with Article 1123 of the North American Free Trade Agreement of 17 December 1992, and in force as of 1 January 1994. Its members are: Carita Wallgren-Lindholm (Finish), President, appointed by the Parties; Trey Gowdy (U.S.), appointed by the Claimants; and Toby Landau, QC (British), appointed by the Respondent.
October 27, 2020	ICSID is appointed Administrative Authority.
March 26, 2021	The Claimants file a motion for disqualification of Counsel due to conflict of interest.
April 20, 2021	The Respondent files a response to the Claimants’ motion to disqualify.
April 27, 2021	The Claimants file a Reply to Canada’s Response to Motion for Disqualification of Counsel due to Conflict of Interest.
May 7, 2021	The Respondent files a Rejoinder to the Claimants’ Motion to Disqualify.
May 18, 2021 - April 19, 2021	The Tribunal holds a Hearing on the Motion to Disqualify.
February 24, 2022	The Tribunal issues a Decision on Claimants’ motion to disqualify counsel.
February 24, 2022	The Tribunal issues a Decision on Claimants’ motion to disqualify counsel.
April 13, 2022	The Tribunal holds a case management conference with the parties by video conference.
May 10, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 9, 2022	The Respondent files a Statement of Defense.
June 13, 2022	The Tribunal issues a Confidentiality Order.
September 27, 2022	The Claimants file a memorial on the merits.
January 17, 2023	The Respondent files a counter-memorial on the merits.
April 17, 2023	The Tribunal holds a hearing on confidentiality designations by video conference.
July 29, 2023	The Tribunal issues procedural order No. 2 concerning production of documents.
September 21, 2023	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
January 9, 2024	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
January 12, 2024	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
February 1, 2024	The Claimants file a request for the Tribunal to compel production of documents.
February 6, 2024	The Tribunal issues Procedural Order No. 7 concerning the Claimants’ request to compel production of documents.
February 6, 2024	The Tribunal holds a case management conference with the parties by video conference.
February 16, 2024	The Respondent files observations on the Claimants’ request to compel production of documents.
February 26, 2024	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
March 1, 2024	The Tribunal holds a hearing on the Claimants’ request to compel production of documents with the parties by videoconference.