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:

June 28, 2023 -
The Respondent files a memorial on jurisdiction.

Notice of Arbitration

Procedural Order No. 1

Procedural Order No. 2

Respondent’s Memorial 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)

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.