Mercer v. Canada Mercer International, Inc. v. Canada (ICSID Case No. ARB(AF)/12/3)
United States of America
Ownership and operation, through claimant's wholly-owned Canadian subsidiary Zellstoff Celgar Limited, of an industrial plant consisting of a pulp mill and a biomass-based electricity generation facility, located in British Columbia.
Claims arising out of the alleged failure by Canadian regulatory agencies (BC Hydro and Power Authority, the British Columbia Utilities Commission and the BC Ministry of Energy and Mines) to implement a uniform treatment for pulp mills and other customers with self-generated power capacity in the Province of British Columbia and allegedly denying claimant's subsidiary the benefits available to its competitors.
Tertiary: D - Electricity, gas, steam and air conditioning supply
35 - Electricity, gas, steam and air conditioning supply
ICSID AF (ICSID Additional Facility)
ICSID (International Centre for Settlement of Investment Disputes)
Veeder, V. V.
Orrego Vicuña, F.
Douglas, Z.
Decided in favour of State
243.00 mln CAD (231.60 mln USD)
Data not available
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
None - all claims dismissed at the merits stage