Case Details

Mobil Investments Canada Inc. v. Canada (ICSID Case No. ARB/15/6)

Subject of Dispute:

Petroleum development projects
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Mobil Investments Canada Inc. (U.S.)
Respondent(s):

Canada (Canadian)
Date Registered:

February 18, 2015
Date of Constitution of Tribunal:

September 11, 2015

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by the Parties
Arbitrators:

J. William ROWLEY (British, Canadian) - Appointed by the Claimant(s)
Gavan GRIFFITH (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Exxon Mobil Corporation, Houston, TX, U.S.A.
ExxonMobil Canada Ltd., St. John’s, Newfoundland and Labrador, Canada
Norton Rose Fulbright, Houston, TX, and New York, NY, U.S.A.
Respondent(s):

Office of the Deputy Attorney General of Canada, Ottawa, Canada
Trade Law Bureau, Global Affairs, Ottawa, Canada
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 4, 2020 - The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to ICSID Arbitration Rule 43(2).

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2 on Confidentiality

Procedural Order No. 3 on the Production of Documents

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Procedural Order No. 7

Procedural Order No. 8

Decision on Jurisdiction and Admissibility

Procedural Order No. 9

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (November 24, 2015) English (Original)

Procedural Order No. 2 on Confidentiality (November 24, 2015) English (Original)

Procedural Order No. 3 on the Production of Documents (February 10, 2016) English (Original)

Procedural Order No. 4 (May 18, 2016) English (Original)

Procedural Order No. 5 (August 19, 2016) English (Original)

Procedural Order No. 6 (October 4, 2016) English (Original)

Procedural Order No. 7 (November 17, 2016) English (Original)

Procedural Order No. 8 (June 21, 2017) English (Original)

Decision on Jurisdiction and Admissibility (July 13, 2018) English (Original)

Procedural Order No. 9 (December 11, 2018) English (Original)

Award of the Tribunal (February 4, 2020) English (Original)

(a) Original Proceeding

Date	Development
February 18, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
July 29, 2015	Following appointment by the Respondent, Gavan Griffith (Australian) accepts his appointment as arbitrator.
August 6, 2015	Following appointment by the Claimant, J. William Rowley (Canadian/British) accepts his appointment as arbitrator.
September 11, 2015	Following appointment by agreement of the parties, Christopher Greenwood (British) accepts his appointment as presiding arbitrator.
September 11, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Christopher Greenwood (British), President, appointed by agreement of the parties; J. William Rowley (British/Canadian), appointed by the Claimant; and Gavan Griffith (Australian), appointed by the Respondent.
November 3, 2015	The Tribunal holds a first session by telephone conference.
November 24, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters and Procedural Order No. 2 concerning confidentiality.
February 10, 2016	The Tribunal issues Procedural Order No. 3 concerning production of documents.
March 11, 2016	The Claimant files a memorial on the merits.
May 18, 2016	The Tribunal issues Procedural Order No. 4 concerning production of documents.
June 30, 2016	The Respondent files a counter-memorial on the merits.
August 19, 2016	The Tribunal issues Procedural Order No. 5 concerning the production of documents.
September 23, 2016	The Claimant files a reply on the merits.
October 4, 2016	The Tribunal issues Procedural Order No. 6 concerning the confidentiality of documents.
November 17, 2016	The Tribunal issues Procedural Order No. 7 concerning production of documents.
December 16, 2016	The Respondent files a rejoinder on the merits.
June 20, 2017	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
June 21, 2017	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing on jurisdiction, merits and quantum.
July 24, 2017 - July 28, 2017	The Tribunal holds a hearing on jurisdiction, merits and quantum in Washington, D.C.
August 11, 2017	Each party files a post-hearing brief.
September 8, 2017	Each party files a reply post-hearing brief.
September 15, 2017	Each party files a submission on costs.
October 24, 2017	The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
November 7, 2017	The United Mexican States files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
December 14, 2017	Each party files observations on the written submission of the United States of America of October 24, 2017 and the written submission of the United Mexican States of November 7, 2017.
July 13, 2018	The Tribunal issues a decision on jurisdiction and admissibility.
August 9, 2018	The Tribunal poses questions to the parties.
September 14, 2018	The Claimant files answers to the questions posed by the Tribunal on August 9, 2018.
September 28, 2018	The Respondent files observations on the Claimant’s answer of September 14, 2018.
December 11, 2018	The Tribunal issues Procedural Order No. 9 concerning the scope of the next phase of the proceeding.
March 5, 2019	The Tribunal issues Procedural Order No. 10 concerning the procedure and schedule for the next phase of the proceeding.
June 28, 2019	The proceeding is suspended until September 26, 2019, pursuant to the parties’ agreement.
September 17, 2019	The suspension of the proceeding is extended until November 15, 2019, pursuant to the parties’ agreement.
January 7, 2020	The parties file the full text of their settlement and request the Tribunal to embody their settlement in an award, pursuant to ICSID Arbitration Rule 43(2).
February 4, 2020	The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to ICSID Arbitration Rule 43(2).