Case Details
Theodore D. Einarsson and others v. Canada (ICSID Case No. UNCT/20/6)
-
Seismic data enterprise
-
Other Industry
-
NAFTA (North American Free Trade Agreement)
-
UNCITRAL
-
Theodore David Einarsson (U.S.), Harold Paul Einarsson (U.S.), Russell John Einarsson (U.S.), Geophysical Service Incorporated (Canadian)
-
Canada (Canadian)
-
Carita WALLGREN-LINDHOLM (Finnish) - Appointed by the Parties
-
Trey GOWDY (U.S.) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s) -
Borden Ladner Gervais, Calgary, Canada
-
Trade Law Bureau, Global Affairs Canada, Ottawa, Canada
-
English
-
Pending
-
July 8, 2024 -
The Tribunal issues Procedural Order No. 10 concerning procedural matters.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(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 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. |
March 6, 2024 | The Tribunal issues Procedural Order No. 7 concerning the Claimants’ request to compel production of documents. |
June 21, 2024 | The Tribunal issues Procedural Order No. 8 concerning the Claimants’ request to compel production of documents. |
June 21, 2024 | The Tribunal issues Procedural Order No. 9 concerning procedural matters. |
July 8, 2024 | The Tribunal issues Procedural Order No. 10 concerning procedural matters. |