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

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)

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:

Pending
Latest Development:

April 10, 2024 - The United Mexican States files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.

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

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)

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 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.