Case Details

Alberta Petroleum Marketing Commission v. United States of America (ICSID Case No. UNCT/23/4)

Subject of Dispute:

Oil pipeline project
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:
Applicable Rules:

UNCITRAL

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Alberta Petroleum Marketing Commission (Canadian)
Respondent(s):

United States of America (U.S.)

Composition of Tribunal

President:

Campbell Alan MC LACHLAN (New Zealand) - Appointed by Co-Arbitrators
Arbitrators:

Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Sean MURPHY (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Crowell & Moring, Washington, D.C., U.S.A., and London, U.K.
Todd Weiler, Ontario, Canada
Respondent(s):

Office of the Legal Adviser, United States Department of State, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

August 7, 2024 -
The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Correction on Procedural Calendar

Procedural Order No. 2

Claimant's Memorial

Respondent’s Request for Bifurcation

Procedural Order No. 3

Claimant's Observations on the Respondent's Request for Bifurcation

Respondent’s Reply to Claimant's Observations on the Request for Bifurcation

Procedural Order No. 4

Available on the ICSID Website

Procedural Order No. 1 (December 18, 2023) English (Original)

Correction on Procedural Calendar (December 21, 2023) English (Original)

Procedural Order No. 2 (February 5, 2024) English (Original)

Claimant's Memorial (April 16, 2024) English (Original)

Respondent’s Request for Bifurcation (May 16, 2024) English (Original)

Procedural Order No. 3 (June 11, 2024) English (Original)

Claimant's Observations on the Respondent's Request for Bifurcation (June 17, 2024) English (Original)

Respondent’s Reply to Claimant's Observations on the Request for Bifurcation (July 8, 2024) English (Original)

Procedural Order No. 4 (August 7, 2024) English (Original)

(a) Original Proceeding

Date	Development
November 30, 2023	The Tribunal holds a preliminary procedural consultation with the Parties by video conference.
December 6, 2023	The Tribunal issues the Terms of Appointment.
December 18, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 5, 2024	The Tribunal issues Procedural Order No. 2 concerning confidentiality.
April 16, 2024	The Claimant files a memorial on the merits.
May 16, 2024	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
May 22, 2024	The Claimant files a request for reconsideration of the Tribunal’s decision on procedural calendar.
June 4, 2024	The Respondent files observations on the Claimant’s request of May 22, 2024.
June 7, 2024	The Claimant files a response to the Respondent’s observations of June 4, 2024.
June 10, 2024	The Respondent files further observations on the Claimant’s response of June 7, 2024
June 11, 2024	The Tribunal issues Procedural Order No. 3 concerning the Claimant’s request of May 22, 2024.
June 17, 2024	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
July 8, 2024	The Respondent files a response to the Claimant’s observations of June 17, 2024.
July 29, 2024	The Claimant files further observations on the request to address the objections to jurisdiction as a preliminary question.
August 7, 2024	The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.