Loewen v. USA Loewen Group, Inc. and Raymond L. Loewen v. United States of America (ICSID Case No. ARB(AF)/98/3)
United States of America
Stock holding in corporation dedicated to funeral home operations.
Claims arising out of alleged mistreatment caused to the investor by the state of Mississippi in the course of commercial litigation between the claimant and one of its competitors in the funeral home and funeral insurance business.
Tertiary: S - Other service activities
96 - Other personal service activities
ICSID AF (ICSID Additional Facility)
ICSID (International Centre for Settlement of Investment Disputes)
Mason, A.
Mustill, M.
Fortier, L. Y. (replaced)
Mikva, A.
Decided in favour of State
725.00 mln USD
Data not available
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment
None - all claims dismissed at the merits stage
Judicial review by national courts
Judicial review by national courts
Award/decision upheld