Case Details

Westmoreland Coal Company v. Canada (ICSID Case No. UNCT/23/2)

Subject of Dispute:

Coal mining project
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement), USMCA (United States-Mexico-Canada Agreement)
Applicable Rules:

UNCITRAL

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Westmoreland Coal Company (U.S.)
Respondent(s):

Canada (Canadian)

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

Laurence SHORE (British, U.S.) - Appointed by the Claimant(s)
Judith LEVINE (Australian, Irish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding, Chicago, IL, Houston, TX, and New York, NY, U.S.A.
Respondent(s):

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

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 17, 2024 - The Tribunal renders its Award.

(a) Original Proceeding

Published Decisions

Notice of Arbitration

Procedural Order No. 1

Procedural Order No. 2

Respondent’s Memorial on Jurisdiction

Claimant's Response to Memorial on Jurisdiction

Respondent’s Reply on Jurisdiction

Claimants’ Rejoinder on Jurisdiction

Procedural Order No. 3

NAFTA Article 1128 Submission of the United States of America

NAFTA Article 1128 Submission of the United Mexican States

Claimant's Observations on NAFTA Article 1128 Submissions

Respondent's Observations on NAFTA Article 1128 Submissions

Hearing on Jurisdiction - Claimant’s Presentation

Hearing on Jurisdiction – Respondent’s Presentation

Hearing on Jurisdiction - Hearing Day 1 - Video 1 (May 2, 2024)

Hearing on Jurisdiction - Hearing Day 1 - Video 2 (May 2, 2024)

Hearing on Jurisdiction - Hearing Day 2 (May 3, 2024)

Hearing on Jurisdiction - Day 1 - Transcript

Hearing on Jurisdiction - Day 2 - Transcript

Claimant's Statement of Costs

Respondent's Statement of Costs

Claimant's Observations on Respondent's Statement of Costs

Respondent's Observations on Claimant's Statement of Costs

Award of the Tribunal

Available on the ICSID Website

Notice of Arbitration (October 11, 2022) English (Original)

Procedural Order No. 1 (May 5, 2023) English (Original)

Procedural Order No. 2 (May 5, 2023) English (Original)

Respondent’s Memorial on Jurisdiction (June 28, 2023) English (Original)

Claimant's Response to Memorial on Jurisdiction (September 20, 2023) English (Original)

Respondent’s Reply on Jurisdiction (December 13, 2023) English (Original)

Claimants’ Rejoinder on Jurisdiction (March 13, 2024) English (Original)

Procedural Order No. 3 (April 3, 2024) English (Original)

NAFTA Article 1128 Submission of the United States of America (April 10, 2024) English (Original)

NAFTA Article 1128 Submission of the United Mexican States (April 10, 2024) English (Original)

Claimant's Observations on NAFTA Article 1128 Submissions (April 24, 2024) English (Original)

Respondent's Observations on NAFTA Article 1128 Submissions (April 24, 2024) English (Original)

Hearing on Jurisdiction - Claimant’s Presentation (May 2, 2024) English (Original)

Hearing on Jurisdiction – Respondent’s Presentation (May 2, 2024) English (Original)

Hearing on Jurisdiction - Day 1 - Transcript (May 2, 2024) English (Original)

Hearing on Jurisdiction - Day 2 - Transcript (May 3, 2024) English (Original)

Claimant's Statement of Costs (June 14, 2024) English (Original)

Respondent's Statement of Costs (June 14, 2024) English (Original)

Claimant's Observations on Respondent's Statement of Costs (July 19, 2024) English (Original)

Respondent's Observations on Claimant's Statement of Costs (July 19, 2024) English (Original)

Award of the Tribunal (December 17, 2024) English (Original)

(a) Original Proceeding

Date	Development
April 18, 2023	The Tribunal holds a first session by video conference.
May 8, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 8, 2023	The Tribunal issues Procedural Order No. 2 concerning the confidentiality of documents.
June 28, 2023	The Respondent files a memorial on jurisdiction.
September 20, 2023	The Claimant files a counter-memorial on jurisdiction.
December 13, 2023	The Respondent files a reply on jurisdiction.
March 13, 2024	The Claimant files a rejoinder on jurisdiction.
April 3, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
April 3, 2024	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
April 10, 2024	The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
April 10, 2024	The United Mexican States files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
April 24, 2024	Each party files observations on the non-disputing parties’ written submissions.
May 2, 2024 - May 3, 2024	The Tribunal holds a hearing on jurisdiction by video conference.
June 14, 2024	Each party files a statement of costs.
July 19, 2024	Each party files observations on the other party’s statement of costs.
December 17, 2024	The Tribunal renders its Award.