Canada

Canada

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2019 Westmoreland v. Canada (II) Westmoreland Mining Holdings LLC v. Canada (II) NAFTA (1992) UNCITRAL Data not available Investment: Ownership of five coal mines servicing adjacent power plants through mine-mouth operations in the Province of Alberta, Canada.

Summary: Claims arising out of the decision of Alberta’s provincial government in 2015 to phase out coal-fired power plants in the province by 2030. The government allegedly failed to compensate the claimant for the early closure of its coal mining operations, excluding it from a compensation scheme made available to three local coal mining operators.
Ownership of five coal mines servicing adjacent power plants through mine-mouth operations in the Province of Alberta, Canada. Pending Canada United States of America Primary: B - Mining and quarrying 5 - Mining of coal and lignite Data not available 470.00 mln CAD (357.30 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
Pending Data not available Data not available None None None None None
2 2018 Westmoreland v. Canada (I) Westmoreland Coal Company v. Canada (I) NAFTA (1992) UNCITRAL Data not available Investment: Ownership of five coal mines servicing adjacent power plants through mine-mouth operations in the Province of Alberta, Canada.

Summary: Claims arising out of the decision of Alberta’s provincial government in 2015 to phase out coal-fired power plants in the province by 2030. The government allegedly failed to compensate the claimant for the early closure of its coal mining operations, excluding it from a compensation scheme made available to three local coal mining operators.
Ownership of five coal mines servicing adjacent power plants through mine-mouth operations in the Province of Alberta, Canada. Discontinued Canada United States of America Primary: B - Mining and quarrying 5 - Mining of coal and lignite Data not available 470.00 mln CAD (357.30 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
Not applicable - settled or discontinued before decision on liability None None None None None None None
3 2017 Tennant Energy v. Canada Tennant Energy, LLC. v. Canada (PCA Case No. 2018-54) NAFTA (1992) UNCITRAL PCA Investment: Ownership of Skyway 127 Wind Energy Inc., an enterprise that planned to develop a wind farm in Ontario.

Summary: Claims arising out of the alleged unfair treatment of the claimant’s wind farm project through certain regulatory measures, and Ontario’s allegedly non-transparent administration of the feed-in tariff programme for renewable energy sources.
Ownership of Skyway 127 Wind Energy Inc., an enterprise that planned to develop a wind farm in Ontario. Pending Canada United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Bull, C. - President

Bishop, D. - Claimant

Bethlehem, D. - Respondent
116.00 mln CAD (86.10 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Pending None None None None None None None
4 2016 Global Telecom Holding v. Canada Global Telecom Holding S.A.E. v. Canada (ICSID Case No. ARB/16/16) Canada - Egypt BIT (1996) ICSID ICSID Investment: Interests in a Canadian telecommunications enterprise, Globalive Wireless Management Corporation (“Wind Mobile”), from 2008 to 2014.

Summary: Claims arising out of the Government’s alleged failure to create a fair, competitive and favourable regulatory environment for new investors in the telecommunications sector.
Interests in a Canadian telecommunications enterprise, Globalive Wireless Management Corporation (“Wind Mobile”), from 2008 to 2014. Pending Canada Egypt Tertiary: J - Information and communication 61 - Telecommunications Affaki, G. - President

Born, G. B. - Claimant

Lowe, V. - Respondent
1320.00 mln CAD (1014.00 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Most-favoured nation treatment
Pending None None None None None None None
5 2015 Mobil v. Canada (II) Mobil Investments Canada Inc. v. Canada (II) (ICSID Case No. ARB/15/6) NAFTA (1992) ICSID ICSID Investment: Indirect controlling shareholding in two companies, Hibernia Management and Development Co. and Terra Nova Oil Development Project, engaged in two petroleum development projects off the coast of the Province of Newfoundland and Labrador in Canada.

Summary: Claims arising out of the Government’s continued enforcement of the 2004 Guidelines for Research and Development Expenditures, which allegedly resulted in expenditures incurred by the claimant in 2012-2015. A previous tribunal, Mobil and Murphy v. Canada, found the Guidelines to violate NAFTA and awarded the claimants a portion of the damages sought.
Indirect controlling shareholding in two companies, Hibernia Management and Development Co. and Terra Nova Oil Development Project, engaged in two petroleum development projects off the coast of the Province of Newfoundland and Labrador in Canada. Pending Canada United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Greenwood, C. - President

Rowley, J. W. - Claimant

Griffith, G. - Respondent
19.90 mln CAD (15.00 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Performance requirements
Pending Decision on Jurisdiction and Admissibility dated 13 July 2018 None None None None None None
6 2015 Resolute Forest v. Canada Resolute Forest Products Inc. v. Canada (PCA Case No. 2016-13) NAFTA (1992) UNCITRAL PCA Investment: Ownership of Laurentide paper mill.

Summary: Claims arising out of measures taken by the provincial Government in Nova Scotia and the Government of Canada, which allegedly discriminated in favour of the competitor’s Port Hawkesbury paper mill and resulted, among other damages, in the closing of claimant's Laurentide paper mill in October 2014.
Ownership of Laurentide paper mill. Pending Canada United States of America Secondary: C - Manufacturing 17 - Manufacture of paper and paper products Crawford, J. R. - President

Cass, R. A. - Claimant

Lévesque, C. - Respondent
70.00 mln USD Data not available National treatment

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

Indirect expropriation
Pending Decision on Jurisdiction and Admissibility dated 30 January 2018 None None None None None None
7 2014 Longyear v. Canada J.M. Longyear, LLC v. Government of Canada NAFTA (1992) UNCITRAL Data not available Investment: Shareholding in a Canadian company, J.M. Longyear Canada, that operated an Ontario forestry land of approximately 63,000 acres.

Summary: Claims arising out of claimant's alleged ineligibility for tax reductions under an Ontario law, the Managed Forest Tax Incentive Program, on the basis that the majority of shares in Lonyear's local enterprise were not held by Canadian nationals.
Shareholding in a Canadian company, J.M. Longyear Canada, that operated an Ontario forestry land of approximately 63,000 acres. Discontinued Canada United States of America Primary: A - Agriculture, forestry and fishing 2 - Forestry and logging Data not available 12.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
Not applicable - settled or discontinued before decision on liability None None None None None None None
8 2013 Eli Lilly v. Canada Eli Lilly and Company v. Canada (ICSID Case No. UNCT/14/2) NAFTA (1992) UNCITRAL ICSID Investment: Patents for two pharmaceutical products, Strattera and Zyprexa.

Summary: Claims arising out of the invalidation of the claimant's Strattera and Zyprexa pharmaceutical patents by Canada.
Patents for two pharmaceutical products, Strattera and Zyprexa. Decided in favour of State Canada United States of America Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations van den Berg, A. J. - President

Born, G. B. - Claimant

Bethlehem, D. - Respondent
500.00 mln CAD (483.40 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - all claims dismissed at the merits stage Final Award dated 16 March 2017 None None None None None None
9 2013 Lone Pine v. Canada Lone Pine Resources Inc. v. Canada (ICSID Case No. UNCT/15/2) NAFTA (1992) UNCITRAL ICSID Investment: Rights under oil and gas exploration permits held by a wholly-owned Canadian subsidiary.

Summary: Claims arising out of the revocation by the Government of Quebec of claimant's permits for petroleum and natural gas exploration in the Utica shale gas basin, including beneath the St. Lawrence River.
Rights under oil and gas exploration permits held by a wholly-owned Canadian subsidiary. Pending Canada United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Veeder, V. V. - President

Haigh, D. - Claimant

Stern, B. - Respondent
109.80 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
Pending None None None None None None None
10 2013 Windstream Energy v. Canada Windstream Energy LLC v. The Government of Canada NAFTA (1992) UNCITRAL PCA Investment: Ownership of WWIS (100 per cent shareholding), a Canadian corporation that had entered into a power purchase agreement under the Ontario Power Authority’s feed-in-tariff program to develop an offshore wind generation facility in Ontario.

Summary: Claims arising out of a moratorium imposed by the Government of Ontario on offshore wind farms that indefinitely suspended claimant's investment project in this sector.
Ownership of WWIS (100 per cent shareholding), a Canadian corporation that had entered into a power purchase agreement under the Ontario Power Authority’s feed-in-tariff program to develop an offshore wind generation facility in Ontario. Decided in favour of investor Canada United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Heiskanen, V. - President

Bishop, D. - Claimant

Cremades, B. M. - Respondent
568.50 mln CAD (522.10 mln USD) 25.20 mln CAD (19.10 mln USD) Indirect expropriation

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

National treatment

Most-favoured nation treatment
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award dated 27 September 2016 None None None None None None
11 2012 Mercer v. Canada Mercer International, Inc. v. Canada (ICSID Case No. ARB(AF)/12/3) NAFTA (1992) ICSID AF ICSID Investment: 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.

Summary: 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.
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. Decided in favour of State Canada United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Veeder, V. V. - President

Orrego Vicuña, F. - Claimant

Douglas, Z. - Respondent
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 Award dated 6 March 2018

Supplementary Decision dated 10 December 2018
None None None None None None
12 2011 Detroit International v. Canada Detroit International Bridge Company v. Government of Canada (PCA Case No. 2012-25) NAFTA (1992) UNCITRAL PCA Investment: Ownership and control of a Canadian company that constructed and operated an international toll bridge between Michigan and Ontario.

Summary: Claims arising out of legislation passed by the Government of Canada giving it authority over the construction, operation and ownership of international bridges, and its alleged effect upon to the Ambassador Bridge, which spans the Detroit River between Detroit and Windsor, Canada, in which the claimant had invested.
Ownership and control of a Canadian company that constructed and operated an international toll bridge between Michigan and Ontario. Decided in favour of State Canada United States of America Tertiary: F - Construction 42 - Civil engineering Derains, Y. - President

Chertoff, M. - Unknown

Lowe, V. - Unknown
3500.00 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 - jurisdiction declined Award on Jurisdiction dated 2 April 2015

Award on Costs dated 17 August 2015
Separate Dissenting Jurisdictional Statement None None None None None
13 2011 Mesa Power v. Canada Mesa Power Group LLC v. Government of Canada (PCA Case No. 2012-17) NAFTA (1992) UNCITRAL PCA Investment: Indirect ownership and control of four wind farms in southwestern Ontario.

Summary: Claims arising out of various government measures related to the regulation and production of renewable energy in Ontario, Canada, that allegedly imposed sudden changes to the established scheme of a feed-in-tariff program.
Indirect ownership and control of four wind farms in southwestern Ontario. Decided in favour of State Canada United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Kaufmann-Kohler, G. - President

Brower, C. N. - Claimant

Landau, T. - Respondent
775.00 mln CAD (738.60 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Performance requirements

Full protection and security, or similar
None - all claims dismissed at the merits stage Award dated 24 March 2016 Concurring and Dissenting Opinion of Charles N. Brower Judicial review by national courts Award/decision upheld (Judicial review by national courts) Decision of the US District Court for the District of Columbia dated 15 June 2017 (Judicial review by national courts) None None
14 2011 St. Marys v. Canada St. Marys VCNA, LLC v. The Government of Canada NAFTA (1992) UNCITRAL PCA Investment: Ownership and control of a Canadian company that had applied for permits to open a dolostone rock quarry on agricultural land near the city of Hamilton.

Summary: Claims arising out of various measures taken by the Government of Ontario, the City of Hamilton, the Town of Milton and the Halton Region allegedly affecting the investor’s proposal to convert agricultural lands in the Hamilton region into an aggregate quarry.
Ownership and control of a Canadian company that had applied for permits to open a dolostone rock quarry on agricultural land near the city of Hamilton. Settled Canada United States of America Primary: B - Mining and quarrying 8 - Other mining and quarrying Pryles, M. C. - President

Stewart, R. - Claimant

Stern, B. - Respondent
275.00 mln USD Data not available Indirect expropriation

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

National treatment

Most-favoured nation treatment

Arbitrary, unreasonable and/or discriminatory measures
Not applicable - settled or discontinued before decision on liability Consent Award dated 29 March 2013 None None None None None None
15 2010 AbitibiBowater v. Canada AbitibiBowater Inc. v. Government of Canada (ICSID Case No. UNCT/10/1) NAFTA (1992) UNCITRAL ICSID Investment: Ownership and/or operation of pulp and paper manufacturing enterprises in Canada; associated land rights, timber rights, real property rights (hydro assets), water use rights established through several deeds, leases, easements and other contractual agreements.

Summary: Claims arising out of a legislation passed by the Government of Newfoundland and Labrador to expropriate AbitibiBowater Inc.’s water and timber rights and hydroelectric assets in the province.
Ownership and/or operation of pulp and paper manufacturing enterprises in Canada; associated land rights, timber rights, real property rights (hydro assets), water use rights established through several deeds, leases, easements and other contractual agreements. Settled Canada United States of America Secondary: C - Manufacturing

Tertiary: D - Electricity, gas, steam and air conditioning supply
17 - Manufacture of paper and paper products

35 - Electricity, gas, steam and air conditioning supply
Bucher, A. - President

Bishop, D. - Claimant

Griffith, G. - Respondent
500.00 mln CAD (467.50 mln USD) 130.00 mln CAD (123.00 mln USD) Direct expropriation

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

Full protection and security, or similar

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability Consent Award dated 15 December 2010 None None None None None None
16 2010 Greiner v. Canada William Jay Greiner and Malbaie River Outfitters Inc. v. Government of Canada NAFTA (1992) UNCITRAL None Investment: Sole shareholding in a Quebec-based lodge and outfitting company; capital contributions of over CAD 1.5 million to construct lodging facilities, purchasing water rights and licenses, marketing and maintenance of the business.

Summary: Claims arising out of the decision by the Government of Quebec to modify its lottery system for fishing licenses and the revocation of the investor's authorizations of commerce which were necessary to conduct claimants' fishing tour operations in Quebec.
Sole shareholding in a Quebec-based lodge and outfitting company; capital contributions of over CAD 1.5 million to construct lodging facilities, purchasing water rights and licenses, marketing and maintenance of the business. Discontinued Canada United States of America Primary: A - Agriculture, forestry and fishing

Tertiary: N - Administrative and support service activities
3 - Fishing and aquaculture

79 - Travel agency, tour operator, reservation service and related activities
Rovine, A. W. - Claimant

Dupuy, P.-M. - Respondent

Name not available - President
8.00 mln CAD (7.80 mln USD) Data not available Indirect expropriation

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

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability None None None None None None None
17 2009 Centurion v. Canada Melvin J. Howard, Centurion Health Corp. & Howard Family Trust v. The Government of Canada (PCA Case No. 2009-21) NAFTA (1992) UNCITRAL PCA Investment: Ownership of a Canadian corporation that had contracted for the purchase of 9.5 acres in Vancouver to build a privately-owned health center in Canada; capital expenses related to the construction of such health centre.

Summary: Claims arising out of the planned construction by the claimants of a private healthcare facility intended to offer a wide range of surgical services in Vancouver, British Columbia, and the alleged impediment of the project's completion by a range of legislative and administrative measures adopted by the local, provincial and federal governments.
Ownership of a Canadian corporation that had contracted for the purchase of 9.5 acres in Vancouver to build a privately-owned health center in Canada; capital expenses related to the construction of such health centre. Discontinued Canada United States of America Tertiary: Q - Human health and social work activities 86 - Human health activities Tomka, P. - President

Florestal, M. - Claimant

Álvarez, H. C. - Respondent
160.00 mln USD Data not available Indirect expropriation

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

National treatment

Most-favoured nation treatment

Other
Not applicable - settled or discontinued before decision on liability Order for the Termination of the Proceedings and Award on Costs dated 2 August 2010 None None None None None None
18 2009 Dow AgroSciences v. Canada Dow AgroSciences LLC v. Government of Canada NAFTA (1992) UNCITRAL Data not available Investment: Indirect ownership of a Canadian corporation engaged in the manufacture and sale of specialty chemical products (i.e. claimant's indirect wholly-owned subsidiary).

Summary: Claims arising out of losses allegedly caused by a Quebec ban on the sale and certain uses of lawn pesticides containing the active ingredient 2,4-D which the claimant manufactured in the United States for sale to various companies in numerous countries, including Canada.
Indirect ownership of a Canadian corporation engaged in the manufacture and sale of specialty chemical products (i.e. claimant's indirect wholly-owned subsidiary). Settled Canada United States of America Secondary: C - Manufacturing 20 - Manufacture of chemicals and chemical products Tribunal not constituted 2.00 mln USD Non-pecuniary relief Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Not applicable - settled or discontinued before decision on liability None None None None None None None
19 2008 Clayton/Bilcon v. Canada Clayton and Bilcon of Delaware Inc. v. Government of Canada (PCA Case No. 2009-04) NAFTA (1992) UNCITRAL PCA Investment: Ownership and control of the Canadian company Bilcon of Nova Scotia and a lease agreement entered by this company for the property on which a quarry and marine terminal were to be developed.

Summary: Claims arising out of the Government's rejection of the investors' project to operate a quarry and marine terminal in the Canadian province of Nova Scotia, following a negative environmental assessment process.
Ownership and control of the Canadian company Bilcon of Nova Scotia and a lease agreement entered by this company for the property on which a quarry and marine terminal were to be developed. Decided in favour of investor Canada United States of America Primary: B - Mining and quarrying 8 - Other mining and quarrying Simma, B. - President

Schwartz, B. - Claimant

McRae, D. M. - Respondent
443.40 mln USD 7.00 mln USD Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Most-favoured nation treatment
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment
Award on Jurisdiction and Liability dated 17 March 2015

Award on Damages dated 10 January 2019
Dissenting opinion by Professor Donald McRae

Concurring Opinion of Bryan Schwartz
Judicial review by national courts

Judicial review by national courts
Award/decision upheld (Judicial review by national courts)

Pending (Judicial review by national courts)
Judgment of the Federal Court of Canada dated 2 May 2018 (Judicial review by national courts) None None
20 2007 Gallo v. Canada Vito G. Gallo v. The Government of Canada (PCA Case No. 55798) NAFTA (1992) UNCITRAL PCA Investment: Ownership of all shares of 1532382 Ontario Inc., an Ontario corporation that owned and controlled a former mine site in Northern Ontario.

Summary: Claims arising out of Mr. Gallo’s Canadian company ownership of a former open-pit iron ore mine (the Adams Mine Site) that was intended to serve as a landfill for non-hazardous household and commercial waste from the City of Toronto and the Ontario Legislature’s imposition of Bill 49, which prevented disposal of waste at the Adams Mine Site.
Ownership of all shares of 1532382 Ontario Inc., an Ontario corporation that owned and controlled a former mine site in Northern Ontario. Decided in favour of State Canada United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Fernández-Armesto, J. - President

Castel, J.-G. - Claimant

Thomas, J. C. - Respondent (replaced)

Lévy, L. - Respondent
105.00 mln CAD (106.00 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - jurisdiction declined Award dated 15 September 2011 None None None None None None
21 2007 Mobil and Murphy v. Canada (I) Mobil Investments Canada Inc. and Murphy Oil Corporation v. Government of Canada (I) (ICSID Case No. ARB(AF)/07/4) NAFTA (1992) ICSID AF ICSID Investment: Indirect controlling shareholding in two companies, Hibernia Management and Development Co. and Terra Nova Oil Development Project, engaged in two petroleum development projects off the coast of the Province of Newfoundland and Labrador in Canada.

Summary: Claims arising out of changes in the regulatory regime applicable to the exploitation of two oil fields located off the coast of Newfoundland and Labrador in which the claimants had invested; particularly, the imposition of research and development expenditure requirements by the Canadian province of Newfoundland.
Indirect controlling shareholding in two companies, Hibernia Management and Development Co. and Terra Nova Oil Development Project, engaged in two petroleum development projects off the coast of the Province of Newfoundland and Labrador in Canada. Decided in favour of investor Canada United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas van Houtte, H. - President

Janow, M. - Claimant

Sands, P. - Respondent
60.00 mln CAD (59.10 mln USD) 17.30 mln CAD (13.90 mln USD) Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Performance requirements
Performance requirements Decision on Liability and Principles of Quantum dated 22 May 2012

Award dated 20 February 2015
Partial Dissenting Opinion, Professor Philippe Sands Q.C. (Decision on Liability and Principles of Quantum) Judicial review by national courts Award/decision upheld (Judicial review by national courts) Decision of the Superior Court of Justice of Ontario dated 16 February 2016 (Judicial review by national courts) None None
22 2006 GL Farms v. Canada GL Farms LLC and Carl Adams v. Government of Canada NAFTA (1992) UNCITRAL Data not available Investment: Company engaged in the sale of milk and milk products for export to the United States.

Summary: Claims arising out of the alleged harm to claimants' dairy products business in the territory of Ontario due to milk transportation measures imposed by the Dairy Farmers of Ontario (DFO) and measures taken by Canadian provincial and federal government in furtherance of the DFO measures, including restrictions on the export of milk, and requirement for milk producers in Ontario to obtain a quota authorized under Canada’s supply-management system for dairy products.
Company engaged in the sale of milk and milk products for export to the United States. Discontinued Canada United States of America Secondary: C - Manufacturing

Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles
10 - Manufacture of food products

46 - Wholesale trade, except of motor vehicles and motorcycles
Tribunal not constituted 78.00 mln USD Data not available Indirect expropriation

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

National treatment

Other
Not applicable - settled or discontinued before decision on liability None None None None None None None
23 2006 Merrill & Ring v. Canada Merrill & Ring Forestry L.P. v. The Government of Canada NAFTA (1992) UNCITRAL ICSID Investment: Forestry and land management company.

Summary: Claims arising out of the implementation of Canada's log export regime to the investor's timber operations in British Columbia and the requirement that any of its exports be subject to a log surplus testing procedure, among other regulatory measures which allegedly caused loss and damage to it.
Forestry and land management company. Decided in favour of State Canada United States of America Primary: A - Agriculture, forestry and fishing 2 - Forestry and logging Orrego Vicuña, F. - President

Dam, K. W. - Claimant

Rowley, J. W. - Respondent
52.20 mln CAD (51.20 mln USD) Data not available Indirect expropriation

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

National treatment

Most-favoured nation treatment

Performance requirements
None - all claims dismissed at the merits stage Award dated 31 March 2010 None None None None None None
24 2004 COP v. Canada Contractual Obligation Productions, LLC, Charles Robert Underwood & Carl Paolino v. Government of Canada NAFTA (1992) UNCITRAL None Investment: Capital contributions to develop a television program; application for a television subsidy in Canada.

Summary: Claims arising out of Canada's alleged imposition of discriminatory film and television subsidies, as well as employment restrictions on US citizens involved in such productions.
Capital contributions to develop a television program; application for a television subsidy in Canada. Discontinued Canada United States of America Tertiary: J - Information and communication 59 - Motion picture, video and television programme production, sound recording and music publishing activities Tribunal not constituted 20.00 mln USD Data not available Indirect expropriation

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

National treatment

Performance requirements
Not applicable - settled or discontinued before decision on liability None None None None None None None
25 2002 Chemtura v. Canada Crompton (Chemtura) Corp. v. Government of Canada NAFTA (1992) UNCITRAL PCA Investment: Agricultural pesticide manufacturing company.

Summary: Claims arising out of Canada’s Pest Management Regulatory Agency (PMRA) banning of the agro-chemical lindane on the basis of the chemical’s health and environmental effects.
Agricultural pesticide manufacturing company. Decided in favour of State Canada United States of America Secondary: C - Manufacturing 20 - Manufacture of chemicals and chemical products Kaufmann-Kohler, G. - President

Crawford, J. R. - Unknown

Brower, C. N. - Unknown
100.00 mln USD Data not available Indirect expropriation

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

Most-favoured nation treatment
None - all claims dismissed at the merits stage Award dated 2 August 2010 None None None None None None
26 2000 UPS v. Canada United Parcel Service of America, Inc. (UPS) v. Government of Canada NAFTA (1992) UNCITRAL ICSID Investment: Parcel delivery service provider company.

Summary: Claims arising out of allegedly anti-competitive practices of Canada and Canada Post Corporation in the non-monopoly postal services market.
Parcel delivery service provider company. Decided in favour of State Canada United States of America Tertiary: H - Transportation and storage 53 - Postal and courier activities Keith, K. - President

Cass, R. A. - Unknown

Fortier, L. Y. - Unknown
160.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
None - all claims dismissed at the merits stage Award on the Merits dated 24 May 2007

Award on Jurisdiction dated 22 November 2002
Separate Statement of Dean Ronald A. Cass (Award on the Merits) None None None None None
27 1999 Pope & Talbot v. Canada Pope & Talbot v. Government of Canada NAFTA (1992) UNCITRAL None Investment: Ownership of local subsidiary for the operation of three sawmills in Canada and export of softwood lumber produced.

Summary: Claims arising out of Canada's implementation of the U.S.-Canada Softwood Lumber Agreement, in which Canada agreed to charge a fee on exports of softwood lumber in excess of a certain number of board feet.
Ownership of local subsidiary for the operation of three sawmills in Canada and export of softwood lumber produced. Decided in favour of investor Canada United States of America Primary: A - Agriculture, forestry and fishing 2 - Forestry and logging Dervaird, L. - President

Greenberg, B. J. - Unknown

Belman, M. J. - Unknown
507.50 mln USD 0.46 mln USD Indirect expropriation

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

National treatment

Performance requirements
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Interim Award dated 26 June 2000

Award on the Merits of Phase 2 dated 10 April 2001

Award in Respect of Damages dated 31 May 2002

Award in Respect of Costs dated 26 November 2002
None None None None None None
28 1998 Myers v. Canada S.D. Myers, Inc. v. Government of Canada NAFTA (1992) UNCITRAL None Investment: Corporation engaged in treatment of Polychlorinated biphenyl (PCB); ownership of local subsidiary engaged in related activities.

Summary: Claims arising out of Canada's ban on the export of PCB wastes from Canada to the United States in late 1995 and alleged economic harm to the investor resulting from the imposition of such ban through interference with its operations, lost contracts and opportunities in Canada.
Corporation engaged in treatment of Polychlorinated biphenyl (PCB); ownership of local subsidiary engaged in related activities. Decided in favour of investor Canada United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Hunter, M. J. - President

Schwartz, B. - Claimant

Chiasson, E. C. - Respondent

Rae, B. - Respondent (replaced)
70.90 mln USD 6.00 mln CAD (3.80 mln USD) Indirect expropriation

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

National treatment

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

National treatment
Final Award (concerning the apportionment of costs between the Disputing Parties) dated 30 December 2002

Partial Award dated 13 November 2000 (Merits)

Second Partial Award dated 2 December 2002 (Damages)
Dissenting Opinion of Professor Bryan P. Schwartz concerning the apportionment of costs between the Disputing Parties (Final Award) Judicial review by national courts Award/decision upheld (Judicial review by national courts) Attorney General of Canada v. S.D. Myers, Statutory Review in the Federal Court of Canada, Reasons for Order dated 13 January 2004 (Judicial review by national courts) None None
29 1997 Ethyl v. Canada Ethyl Corporation v. The Government of Canada NAFTA (1992) UNCITRAL None Investment: Sole shareholder of company acting as the only importer and distributer of MMT (fuel additive) across Canada.

Summary: Claims arising out of a Canadian statute banning imports of the gasoline additive MMT for use in unleaded gasoline.
Sole shareholder of company acting as the only importer and distributer of MMT (fuel additive) across Canada. Settled Canada United States of America Secondary: C - Manufacturing

Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles
20 - Manufacture of chemicals and chemical products

46 - Wholesale trade, except of motor vehicles and motorcycles
Böckstiegel, K.-H. - President

Brower, C. N. - Claimant

Lalonde, M. - Respondent
251.00 mln USD 13.00 mln USD Indirect expropriation

National treatment

Performance requirements
Not applicable - settled or discontinued before decision on liability Award on Jurisdiction dated 24 June 1998 None None None None None None
NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2018 Galway Gold v. Colombia Galway Gold Inc. v. Republic of Colombia (ICSID Case No. ARB/18/13) Canada - Colombia FTA (2008) ICSID ICSID Investment: Ownership of the Reina de Oro and Coloro gold mines located in the Vetas mining district in northern Colombia.

Summary: Claims arising out of the Colombian Constitutional Court's decision to ban mining operations in the páramos, a range of high-altitude wetlands that serve as a primary source of the country’s water supply.
Ownership of the Reina de Oro and Coloro gold mines located in the Vetas mining district in northern Colombia. Pending Colombia Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Siqueiros, E. - President

Bullard, A. - Claimant

Stern, B. - Respondent
196.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Pending Decision on the Respondent’s Preliminary Objections pursuant to Rule 41(5) of the ICSID Arbitration Rules dated 20 December 2019 None None None None None None
2 2018 Gran Colombia v. Colombia Gran Colombia Gold Corp. v. Republic of Colombia (ICSID Case No. ARB/18/23) Canada - Colombia FTA (2008) ICSID ICSID Investment: Mining rights over gold and silver deposits in the Segovia and Marmato municipalities in Colombia.

Summary: Claims arising out of the Government’s alleged failure to address civil strikes and other disruptions to the claimant’s mining projects caused by illegal artisanal miners and a guerilla group.
Mining rights over gold and silver deposits in the Segovia and Marmato municipalities in Colombia. Pending Colombia Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Malintoppi, L. - President (replaced)

Hanotiau, B. - Claimant

Stern, B. - Respondent

Kalicki, J. E. - President
700.00 mln USD Data not available Data not available Pending None None None None None None None
3 2018 Korsgaard v. Croatia Haakon Korsgaard v. Croatia Canada - Croatia BIT (1997) UNCITRAL Data not available Investment: Acquisition of real estate property in Croatia through local companies ReCap International d.o.o. and Zagreb Panorama d.o.o.

Summary: Claims arising out of the Government’s alleged measures to prevent the claimant from obtaining ownership over several formerly socially-owned real estate properties in Croatia, mostly located on the Adriatic coast. According to the claimant, it acquired the real estate from Serbian companies via two local subsidiaries.
Acquisition of real estate property in Croatia through local companies ReCap International d.o.o. and Zagreb Panorama d.o.o. Pending Croatia Canada Tertiary: L - Real estate activities 68 - Real estate activities Name not available - President

Name not available - Claimant

Name not available - Respondent
200.00 mln EUR (224.30 mln USD) Data not available Data not available Pending Data not available Data not available None None None None None
4 2018 Rand Investments and others v. Serbia Rand Investments Ltd., Allison Ruth Rand, Kathleen Elizabeth Rand and others v. Republic of Serbia (ICSID Case No. ARB/18/8) Canada - Serbia BIT (2014)

Cyprus - Serbia BIT (2005)
ICSID ICSID Investment:

Summary:
Pending Serbia Canada

Cyprus
Data not available Data not available Kaufmann-Kohler, G. - President

Vasani, B. S. - Claimant

Kohen, M. G. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
5 2018 Red Eagle v. Colombia Red Eagle Exploration Limited v. Republic of Colombia (ICSID Case No. ARB/18/12) Canada - Colombia FTA (2008) ICSID ICSID Investment: Ownership of the 352-hectare Vetas gold mine.

Summary: Claims arising out of the Colombian Constitutional Court's decision to ban mining operations in the páramos, a range of high-altitude wetlands that serve as a primary source of the country’s water supply.
Ownership of the 352-hectare Vetas gold mine. Pending Colombia Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Rigo Sureda, A. - President

Martínez de Hoz, J. A. - Claimant

Sands, P. - Respondent
40.00 mln USD (118.00 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Pending Decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) dated 16 December 2019 None None None None None None
6 2017 Air Canada v. Venezuela Air Canada v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/17/1) Canada - Venezuela, Bolivarian Republic of BIT (1996) ICSID AF ICSID Investment: Investment in air transportation services.

Summary:
Investment in air transportation services. Pending Venezuela, Bolivarian Republic of Canada Tertiary: H - Transportation and storage 51 - Air transport Tercier, P. - President

Villanua, D. - Respondent

Poncet, C. - Claimant
Data not available Data not available Data not available Pending None None None None None None None
7 2016 Alhambra v. Kazakhstan Alhambra Resources Ltd. and Alhambra Coӧperatief U.A. v. Republic of Kazakhstan (ICSID Case No. ARB/16/12) Kazakhstan - Netherlands BIT (2002) ICSID ICSID Investment: Rights under two gold mining licences held by the claimants’ local subsidiary, Joint Venture Saga Creek Gold Company LLP, and an exploration and exploitation contract with the Republic of Kazakhstan.

Summary: Claims arising out of an allegedly unlawful assessment of taxes on the claimants’ local subsidiary Saga Creek, the withholding of required mining and financing approvals and other actions of the Government, which allegedly culminated in the bankruptcy of Saga Creek in 2015.
Rights under two gold mining licences held by the claimants’ local subsidiary, Joint Venture Saga Creek Gold Company LLP, and an exploration and exploitation contract with the Republic of Kazakhstan. Pending Kazakhstan Netherlands

Canada
Primary: B - Mining and quarrying 7 - Mining of metal ores van Houtte, H. - President

Beechey, J. - Claimant

Kalicki, J. E. - Respondent
100.00 mln USD Data not available Data not available Pending None None None None None None None
8 2016 Eco Oro v. Colombia Eco Oro Minerals Corp. v. Republic of Colombia (ICSID Case No. ARB/16/41) Canada - Colombia FTA (2008) ICSID ICSID Investment: Mining rights held under a concession contract, comprising the Angostura gold and silver deposit in the Santurbán region of northeastern Colombia.

Summary: Claims arising out of the National Mining Agency’s decision (2016) that deprived the claimant of its mining rights in respect of 50% of the concession area (a gold and silver deposit) held by it since the mid-1990s. The relevant area was found to fall within the Santurbán Páramo, an environmental conservation zone. The Mining Agency’s actions followed the decision of Colombia’s Constitutional Court that broadened restrictions on mining in high-mountain ecosystems known as páramos (sources of the country’s freshwater supply), striking down legal provisions that had stabilised the rights of mining projects in those areas negotiated before 2010.
Mining rights held under a concession contract, comprising the Angostura gold and silver deposit in the Santurbán region of northeastern Colombia. Pending Colombia Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Blanch, J. - President

Grigera Naón, H. A. - Claimant

Sands, P. - Respondent
764.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Pending None None None None None None None
9 2016 Gold Pool v. Kazakhstan Gold Pool Limited Partnership v. Republic of Kazakhstan (PCA Case No. 2016-23) Canada - Russian Federation BIT (1989) UNCITRAL PCA Investment: Management contract rights to operate certain gold mines in Kazakhstan.

Summary: Claims arising out of the allegedly wrongful termination in 1997 of the claimant’s management contract rights to operate certain gold mines in Kazakhstan.
Management contract rights to operate certain gold mines in Kazakhstan. Pending Kazakhstan Canada Primary: B - Mining and quarrying 7 - Mining of metal ores van den Berg, A. J. - President

Williams, D. A. R. - Claimant

Bottini, G. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
10 2016 TransCanada v. USA TransCanada Corporation and TransCanada PipeLines Limited v. United States of America (ICSID Case No. ARB/16/21) NAFTA (1992) ICSID ICSID Investment: Interests in the Keystone XL Pipeline project; ownership and/or control of nine U.S. enterprises, including TransCanada Keystone Pipeline, L.P. (“Keystone”), and other assets.

Summary: Claims arising out of the denial of the application for a Presidential Permit to construct the Keystone XL Pipeline, a proposed 1,897 km crude oil pipeline from Alberta (Canada) to Nebraska (United States), and the Government’s actions leading to that denial.
Interests in the Keystone XL Pipeline project; ownership and/or control of nine U.S. enterprises, including TransCanada Keystone Pipeline, L.P. (“Keystone”), and other assets. Settled United States of America Canada Tertiary: H - Transportation and storage

Tertiary: F - Construction
49 - Land transport and transport via pipelines

42 - Civil engineering
Haigh, D. - Claimant

Murphy, S. D. - Respondent

Name not available - President
15000.00 mln USD (15000.00 mln USD) Non-pecuniary relief Indirect expropriation

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

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability Order of the Secretary-General Taking Note of the Discontinuance of the Proceeding dated 24 March 2017 None None None None None None
11 2015 Gabriel Resources v. Romania Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania (ICSID Case No. ARB/15/31) Canada - Romania BIT (2009)

Romania - United Kingdom BIT (1995)
ICSID ICSID Investment: Majority shareholding in Rosia Montana Gold Corporation, a Romanian mining company, co-owned with a State-owned entity.

Summary: Claims arising out of the allegedly discriminatory measures relating to the approval of an environmental impact assessment and the issuance of an environmental permit required to start exploitation of the claimant's mining project.
Majority shareholding in Rosia Montana Gold Corporation, a Romanian mining company, co-owned with a State-owned entity. Pending Romania Canada

United Kingdom
Primary: B - Mining and quarrying 7 - Mining of metal ores Alexandrov, S. A. - Claimant (replaced)

Douglas, Z. - Respondent

Cheng, T. - President (replaced)

Grigera Naón, H. A. - Claimant

Tercier, P. - President
3285.70 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

Umbrella clause

National treatment
Pending None None None None None None None
12 2015 Lion v. Mexico Lion Mexico Consolidated L.P. v. United Mexican States (ICSID Case No. ARB(AF)/15/2) NAFTA (1992) ICSID AF ICSID Investment: Promissory notes and mortgages over three properties located in Mexico.

Summary: Claims arising out of Mexican authorities’ cancellation of promissory notes held by the claimant and mortgages to which the claimant was a beneficiary.
Promissory notes and mortgages over three properties located in Mexico. Pending Mexico Canada Tertiary: F - Construction 41 - Construction of buildings Fernández-Armesto, J. - President

Cairns, D. J. A. - Claimant

Ramírez Hernández, R. - Respondent (replaced)

Boisson de Chazournes, L. - Respondent
76.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Pending Decision on the Respondent’s preliminary objection under Art. 45(6) of the ICSID Arbitration (Additional Facilities) Rules dated 12 December 2016

Decision on Jurisdiction dated 30 July 2018
None None None None None None
13 2015 Lumina Copper v. Poland Lumina Copper v. Republic of Poland Canada - Poland BIT (1990) Data not available Data not available Investment: Ownership of Miedzi Copper Corp. that holds a number of copper exploration concessions in Poland.

Summary: Claims arising out of the Government’s alleged revocation of two copper exploitation permits awarded to the claimant’s local subsidiary Miedzi Copper and the subsequent allocation of the permits to Poland’s largest copper producer KGHM.
Ownership of Miedzi Copper Corp. that holds a number of copper exploration concessions in Poland. Pending Poland Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Kaufmann-Kohler, G. - President

Fortier, L. Y. - Claimant

Dolzer, R. - Respondent
100.00 mln USD Data not available Data not available Pending None None None None None None None
14 2015 Stans Energy and Kutisay Mining v. Kyrgyzstan (II) Stans Energy Corp. and Kutisay Mining LLC v. Kyrgyz Republic (II) (PCA Case No. 2015-32) CIS Investor Rights Convention (1997) UNCITRAL PCA Investment: Indirect ownership by Stans Energy Corp. of Kutisay Mining LLC that held a licence for mining rare earth, bismuth, molybdenum and silver at the “Kutessay II” deposit.

Summary: Claims arising out of a series of measures by the Government which allegedly resulted in the impossibility to carry out activities on the mineral deposit “Kutessay II” in accordance with the mining license previously granted to Kutisay Mining LLC.
Indirect ownership by Stans Energy Corp. of Kutisay Mining LLC that held a licence for mining rare earth, bismuth, molybdenum and silver at the “Kutessay II” deposit. Pending Kyrgyzstan Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Böckstiegel, K.-H. - President

Campbell, C. L. - Claimant

Jagusch, S. - Respondent
210.00 mln USD Data not available Indirect expropriation Pending Award on Jurisdictional Objections dated 25 January 2017 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Judgment by the High Court of Justice of England and Wales dated 13 October 2017 (Judicial review by national courts) None None
15 2014 Bear Creek Mining v. Peru Bear Creek Mining Corporation v. Republic of Peru (ICSID Case No. ARB/14/21) Canada-Peru FTA ICSID ICSID Investment: Rights under a concession agreement concluded with the claimant to operate the Santa Ana silver mining site in Peru.

Summary: Claims arising out of the enactment by the Government of Supreme Decree 032 that revoked claimant's concession to operate the Santa Ana mining project in Peru on the ground that it was no longer in the national interest, resulting in a complete cease of activities at Santa Ana and alleged significant damages to the claimant.
Rights under a concession agreement concluded with the claimant to operate the Santa Ana silver mining site in Peru. Decided in favour of investor Peru Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Böckstiegel, K.-H. - President

Pryles, M. C. - Claimant

Sands, P. - Respondent
522.20 mln USD 18.20 mln USD Direct expropriation

Indirect expropriation

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

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures
Indirect expropriation Award dated 30 November 2017 Partial Dissenting Opinion by Philippe Sands None None None None None
16 2014 EuroGas and Belmont v. Slovakia EuroGas Inc. and Belmont Resources Inc. v. Slovak Republic (ICSID Case No. ARB/14/14) Slovakia - United States of America BIT (1991)

Canada - Slovakia BIT (2010)
ICSID ICSID Investment: Majority shareholding (90 per cent) in Rozmina, a Slovakian company that held an exclusive right to carry out talc mining activities in Slovakia.

Summary: Claims arising out of the revocation of claimants' exclusive rights for mining activities at the Gemerska Poloma talc deposit allegedly without compensation, despite three decisions of Slovakia's Supreme Court declaring such action illegal.
Majority shareholding (90 per cent) in Rozmina, a Slovakian company that held an exclusive right to carry out talc mining activities in Slovakia. Decided in favour of State Slovakia Canada

United States of America
Primary: B - Mining and quarrying 8 - Other mining and quarrying Mayer, P. - President

Gaillard, E. - Claimant

Stern, B. - Respondent
500.00 mln EUR (655.00 mln USD) Data not available Direct expropriation

Indirect expropriation

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

Full protection and security, or similar

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined Award dated 18 August 2017 Dissenting Opinion by Emmanuel Gaillard ICSID annulment proceedings Discontinued (ICSID annulment proceedings) Order of the ad hoc Committee on the Discontinuance of the Proceeding dated 31 October 2019 (ICSID annulment proceedings) None Bottini, G. - Member

Malik, M. - Member

Greenwood, C. - President
17 2014 Infinito Gold v. Costa Rica Infinito Gold Ltd. v. Republic of Costa Rica (ICSID Case No. ARB/14/5) Canada - Costa Rica BIT (1998) ICSID ICSID Investment: Rights under an exploration permit and an exploitation concession for the development of a gold mine in Costa Rica, known as Las Crucitas Project.

Summary: Claims arising out of the Government’s revocation of claimant's concession for a gold mining project at Crucitas de Cutris, in northern Costa Rica, through alleged court and executive measures without payment of adequate compensation.
Rights under an exploration permit and an exploitation concession for the development of a gold mine in Costa Rica, known as Las Crucitas Project. Pending Costa Rica Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Kaufmann-Kohler, G. - President

Hanotiau, B. - Claimant

Stern, B. - Respondent
93.80 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

Most-favoured nation treatment

Other
Pending Decision on Jurisdiction dated 4 December 2017 None None None None None None
18 2013 Stans Energy v. Kyrgyzstan (I) Stans Energy Corp. and Kutisay Mining LLC v. Kyrgyz Republic (I) CIS Investor Rights Convention (1997) MCCI MCCI Investment: Indirect ownership by Stans Energy Corp. of Kutisay Mining LLC that held a licence for mining rare earth, bismuth, molybdenum and silver at the “Kutessay II” deposit.

Summary: Claims arising out of a series of measures by the Government which allegedly resulted in the impossibility to carry out activities on the mineral deposit “Kutessay II” in accordance with the mining license previously granted to Kutisay Mining LLC.
Indirect ownership by Stans Energy Corp. of Kutisay Mining LLC that held a licence for mining rare earth, bismuth, molybdenum and silver at the “Kutessay II” deposit. Decided in favour of investor Kyrgyzstan Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Vilkova, N. - Claimant

Balayan, L. - Respondent

Pak, M. Z. - President
117.80 mln USD 117.80 mln USD Indirect expropriation Indirect expropriation Award dated 30 June 2014 None Judicial review by national courts Award/decision set aside in its entirety (Judicial review by national courts) Judgment of the Moscow Arbitrazh Court on Application to Set Aside Award dated 25 May 2015 (Judicial review by national courts) None None
19 2013 WWM and Carroll v. Kazakhstan World Wide Minerals and Paul A. Carroll v. Republic of Kazakhstan Canada - Russian Federation BIT (1989) UNCITRAL Data not available Investment: Rights under a contract concluded with the Government to operate one of Kazakhstan's largest uranium-processing facilities.

Summary: Claims arising out of the Government's alleged failure to observe its contractual obligations, including the granting of an export license to WWM to market Kazakh uranium internationally, which allegedly led WWM to suspend operations at its Kazakh facility and resulted in the bankruptcy, confiscation and forced sale of its local assets.
Rights under a contract concluded with the Government to operate one of Kazakhstan's largest uranium-processing facilities. Decided in favour of investor Kazakhstan Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Park, W. W. - President

Berman, F. - Claimant

Crook, J. R. - Respondent
1900.00 mln USD 13.70 mln USD Data not available Data not available Decision on Jurisdiction dated 19 October 2015

Award dated 29 October 2019
None None None None None None
20 2012 Apotex v. USA (III) Apotex Holdings Inc. and Apotex Inc. v. United States of America (III) (ICSID Case No. ARB(AF)/12/1) NAFTA (1992) ICSID AF ICSID Investment: Indirect ownership and control of an American-based Apotex affiliate engaged in the distribution of generic drugs.

Summary: Claims arising out of alleged injuries from "Import Alerts" issued by the U.S. Food and Drug Administration concerning two of Apotex’s Canadian manufacturing facilities.
Indirect ownership and control of an American-based Apotex affiliate engaged in the distribution of generic drugs. Decided in favour of State United States of America Canada Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Veeder, V. V. - President

Rowley, J. W. - Claimant

Crook, J. R. - Respondent
1500.00 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 Award dated 25 August 2014 None None None None None None
21 2012 Rusoro Mining v. Venezuela Rusoro Mining Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/12/5) Canada - Venezuela, Bolivarian Republic of BIT (1996) ICSID AF ICSID Investment: Ownership of 24 Venezuelan subsidiaries holding a total of 58 mining concessions and contracts for the exploration and exploitation of gold in Venezuela.

Summary: Claims arising out of the Government's enactment of a series of measures that allegedly dismantled the legal regime for the marketing of gold in Venezuela and culminated in the nationalisation and control of Rusoro’s investments in Venezuela without compensation.
Ownership of 24 Venezuelan subsidiaries holding a total of 58 mining concessions and contracts for the exploration and exploitation of gold in Venezuela. Decided in favour of investor Venezuela, Bolivarian Republic of Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Fernández-Armesto, J. - President

Orrego Vicuña, F. - Claimant

Simma, B. - Respondent
2318.90 mln USD 967.80 mln USD Direct expropriation

Indirect expropriation

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

Full protection and security, or similar

National treatment

Performance requirements

Transfer of funds
Direct expropriation

Performance requirements
Decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question dated 16 July 2013

Award dated 22 August 2016
None Judicial review by national courts Award/decision partially set aside (Judicial review by national courts) Judgment of Paris Court of Appeal dated 29 January 2019 (Judicial review by national courts) None None
22 2011 Copper Mesa v. Ecuador Copper Mesa Mining Corporation v. Republic of Ecuador (PCA No. 2012-2) Canada - Ecuador BIT (1996) UNCITRAL PCA Investment: Concession rights held through local subsidiaries for two open-pit mines located in the Junín and Chaucha regions of Ecuador; right of acquisition over a third mining project in the area of Telinbela.

Summary: Claims arising out of the alleged termination by the Government of mining concessions in the Ecuadorian areas of Junín, Chaucha and Telinbela, in which the claimant had invested.
Concession rights held through local subsidiaries for two open-pit mines located in the Junín and Chaucha regions of Ecuador; right of acquisition over a third mining project in the area of Telinbela. Decided in favour of investor Ecuador Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Veeder, V. V. - President

Cremades, B. M. - Claimant

Simma, B. - Respondent
69.70 mln USD 19.40 mln USD Direct expropriation

Indirect expropriation

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

Full protection and security, or similar

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

Full protection and security, or similar

Indirect expropriation

Direct expropriation
Award dated 15 March 2016 None Judicial review by national courts Pending (Judicial review by national courts) None None None
23 2011 Crystallex v. Venezuela Crystallex International Corporation v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/2) Canada - Venezuela, Bolivarian Republic of BIT (1996) ICSID AF ICSID Investment: Rights under a mine operation contract; capital contributions of over USD 300 million.

Summary: Claims arising out of the Government's termination of claimant's mine operation contract over a gold deposit situated in Las Cristinas, after it refused to issue an environmental permit allowing extraction to initiate.
Rights under a mine operation contract; capital contributions of over USD 300 million. Decided in favour of investor Venezuela, Bolivarian Republic of Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Lévy, L. - President

Gotanda, J. Y. - Claimant

Boisson de Chazournes, L. - Respondent

Feliciano, F. P. - Respondent (replaced)
3160.00 mln USD 1202.00 mln USD Direct expropriation

Indirect expropriation

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

Full protection and security, or similar
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Decision on the Respondent's request to address the objections to jurisdiction as a preliminary question dated 23 May 2012

Award dated 4 April 2016
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Memorandum Opinion of the United States District Court for the District of Columbia dated 25 March 2017 (Judicial review by national courts) None None
24 2011 Khan Resources v. Mongolia Khan Resources Inc., Khan Resources B.V. and Cauc Holding Company Ltd. v. the Government of Mongolia and Monatom Co., Ltd. (PCA Case No. 2011-09) The Energy Charter Treaty (1994) UNCITRAL PCA Investment: Majority shareholding in Mongolian joint venture subsidiary that held uranium mining and exploration licenses in Mongolia.

Summary: Claims arising out of Mongolia’s cancellation of claimant's mining and exploration licenses for a uranium deposit located in the Dornod province in northeastern Mongolia.
Majority shareholding in Mongolian joint venture subsidiary that held uranium mining and exploration licenses in Mongolia. Decided in favour of investor Mongolia Canada

Netherlands

British Virgin Islands
Primary: B - Mining and quarrying 7 - Mining of metal ores Williams, D. A. R. - President

Fortier, L. Y. - Claimant

Hanotiau, B. - Respondent
358.00 mln USD 80.00 mln USD Indirect expropriation

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

Full protection and security, or similar

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause Decision on Jurisdiction dated 25 July 2012

Award dated 2 March 2015
None Judicial review by national courts Pending (Judicial review by national courts) None None None
25 2011 Nova Scotia Power v. Venezuela (II) Nova Scotia Power Incorporated v. Bolivarian Republic of Venezuela (II) (ICSID Case No. ARB(AF)/11/1) Canada - Venezuela, Bolivarian Republic of BIT (1996) ICSID AF ICSID Investment: Rights under a coal supply agreement concluded between Nova Scotia Power and Guasare Coal International, an enterprise allegedly controlled by Venezuela.

Summary: Claims arising out of the alleged termination by the Government of Nova Scotia’s right to receive up to 1.7 million metric tons of coal at fixed prices from the Paso Diablo coal mine in Venezuela.
Rights under a coal supply agreement concluded between Nova Scotia Power and Guasare Coal International, an enterprise allegedly controlled by Venezuela. Decided in favour of State Venezuela, Bolivarian Republic of Canada Primary: B - Mining and quarrying 5 - Mining of coal and lignite van Houtte, H. - President

Williams, D. A. R. - Claimant

Vinuesa, R. E. - Respondent
180.00 mln USD Data not available Unclear None - jurisdiction declined Award dated 30 April 2014 None None None None None None
26 2011 Zamora Gold v. Ecuador Zamora Gold Corporation v. Ecuador Canada - Ecuador BIT (1996) UNCITRAL Data not available Investment: Shareholding in three mining subsidiaries, Mineral del Austro Mineraustro S.A, Minreal S.A, and Concumaysa Compania Minera Cumay del Ecuador S.A.

Summary: Claims arising out of the alleged expropriation of claimant's shares in three subsidiary companies engaged in the exploration and exploitation of mineral properties in Ecuador, pursuant to a resolution of the Ecuadorean Guarantee Deposit Agency.
Shareholding in three mining subsidiaries, Mineral del Austro Mineraustro S.A, Minreal S.A, and Concumaysa Compania Minera Cumay del Ecuador S.A. Pending Ecuador Canada Primary: B - Mining and quarrying 8 - Other mining and quarrying Data not available Data not available Data not available Data not available Pending None None None None None None None
27 2010 Allard v. Barbados Peter A. Allard v. The Government of Barbados (PCA Case No. 2012-06) Barbados - Canada BIT (1996) UNCITRAL PCA Investment: Ownership of a wildlife sanctuary consisting of 34-acre natural wetlands.

Summary: Claims arising out of alleged environmental damage and indirect expropriation by the Government of the Graeme Hall Nature Sanctuary, a wildlife sanctuary in Barbados owned by the claimant.
Ownership of a wildlife sanctuary consisting of 34-acre natural wetlands. Decided in favour of State Barbados Canada Tertiary: L - Real estate activities 68 - Real estate activities Griffith, G. - President

Newcombe, A. - Claimant

Reisman, W. M. - Respondent
29.00 mln CAD (21.70 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
None - all claims dismissed at the merits stage Award on Jurisdiction dated 13 June 2014

Award dated 27 June 2016
None None None None None None
28 2009 Apotex v. USA (II) Apotex Inc. v. The Government of the United States of America (II) NAFTA (1992) UNCITRAL ICSID Investment: Canadian pharmaceuticals corporation engaged in developing and manufacturing generic drugs.

Summary: Claims arising out of alleged errors committed by U.S. agencies and federal courts in interpreting federal law, in the course of the investor's efforts to bring new generic drugs to market in the United States.
Canadian pharmaceuticals corporation engaged in developing and manufacturing generic drugs. Decided in favour of State United States of America Canada Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Landau, T. - President

Davidson, C. F. - Claimant

Smith, F. M. - Respondent
8.00 mln USD Data not available Indirect expropriation

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

National treatment
None - jurisdiction declined Award on Jurisdiction and Admissibility dated 14 June 2013 None None None None None None
29 2009 Gold Reserve v. Venezuela Gold Reserve Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/09/1) Canada - Venezuela, Bolivarian Republic of BIT (1996) ICSID AF ICSID Investment: Mining rights held indirectly by claimant in Venezuela under the mining concessions known as the “Brisas Concession” and the “Unicornio Concession” for the extraction of gold, copper and molybdenum.

Summary: Claims arising out of the Government's alleged deprivation of claimant's rights in certain gold and copper project in Venezuela, following the issuance of an administrative ruling by the Ministry of the Environment declaring the nullity of certain construction permit and the subsequent termination of claimant's mining concessions.
Mining rights held indirectly by claimant in Venezuela under the mining concessions known as the “Brisas Concession” and the “Unicornio Concession” for the extraction of gold, copper and molybdenum. Decided in favour of investor Venezuela, Bolivarian Republic of Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Bernardini, P. - President

Williams, D. A. R. - Claimant

Dupuy, P.-M. - Respondent
1735.00 mln USD 713.00 mln USD Indirect expropriation

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

Full protection and security, or similar

Most-favoured nation treatment
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award dated 22 September 2014 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Decision of the Paris Court of Appeal dated 7 February 2017 (Judicial review by national courts) None None
30 2008 Apotex v.USA (I) Apotex Inc. v. United States of America (I) (ICSID Case No. UNCT/10/2) NAFTA (1992) UNCITRAL ICSID Investment: Canadian pharmaceuticals corporation engaged in developing and manufacturing generic drugs.

Summary: Claims arising out of alleged errors committed by U.S. agencies and federal courts in interpreting federal law, in the course of the investor's efforts to bring new generic drugs to market in the United States.
Canadian pharmaceuticals corporation engaged in developing and manufacturing generic drugs. Decided in favour of State United States of America Canada Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Landau, T. - President

Davidson, C. F. - Claimant

Smith, F. M. - Respondent
8.00 mln USD Data not available Indirect expropriation

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

National treatment
None - jurisdiction declined Award on Jurisdiction and Admissibility dated 14 June 2013 None None None None None None
31 2008 Nova Scotia Power v. Venezuela (I) Nova Scotia Power Incorporated v. Bolivarian Republic of Venezuela (I) Canada - Venezuela, Bolivarian Republic of BIT (1996) UNCITRAL PCA Investment: Rights under a coal supply agreement concluded between Nova Scotia Power and Guasare Coal International, an enterprise allegedly controlled by Venezuela.

Summary: Claims arising out of the alleged Government's termination of Nova Scotia Power Incorporated’s right to receive up to 1.7 million metric tons of coal at fixed prices from the Paso Diablo coal mine in Venezuela.
Rights under a coal supply agreement concluded between Nova Scotia Power and Guasare Coal International, an enterprise allegedly controlled by Venezuela. Decided in favour of State Venezuela, Bolivarian Republic of Canada Primary: B - Mining and quarrying 5 - Mining of coal and lignite Fernández-Armesto, J. - President

Beechey, J. - Claimant

Hanotiau, B. - Claimant (replaced)

Sands, P. - Respondent
180.00 mln USD Data not available Data not available None - jurisdiction declined Award on Jurisdiction dated 22 April 2010

Award on Costs dated 30 August 2010
None None None None None None
32 2008 Quadrant Pacific v. Costa Rica Quadrant Pacific Growth Fund L.P. and Canasco Holdings Inc. v. Republic of Costa Rica (ICSID Case No. ARB(AF)/08/1) Canada - Costa Rica BIT (1998) ICSID ICSID Investment: Indirect controlling interests in five orange plantations in the Canton of "Los Chiles", located on the northern border of Costa Rica.

Summary: Claims arising out of the Government's alleged failure to enforce its laws for the protection of private property; particularly, its failure to address the continuing illegal trespass on claimants’ citrus farm holdings located in Costa Rica, causing damages to the investors' farm landholdings.
Indirect controlling interests in five orange plantations in the Canton of "Los Chiles", located on the northern border of Costa Rica. Discontinued Costa Rica Canada Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Garro, A. M. - President

Cremades, B. M. - Claimant

Lowenfeld, A. F. - Respondent
20.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 27 October 2010, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) None None None None None None
33 2007 Anderson v. Costa Rica Alasdair Ross Anderson and others v. Republic of Costa Rica (ICSID Case No. ARB(AF)/07/3) Canada - Costa Rica BIT (1998) ICSID AF ICSID Investment: Capital contributions in an illegal financial intermediation scheme operated by two Costa Rican individuals.

Summary: Claims arising out of the alleged Government's failure to provide proper vigilance and governmental regulatory supervision over the national financial system, which led the 137 individual claimants to lose their deposits made in a Costa Rican business acting under a Ponzi scheme.
Capital contributions in an illegal financial intermediation scheme operated by two Costa Rican individuals. Decided in favour of State Costa Rica Canada Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Morelli Rico, S. - President

Salacuse, J. W. - Claimant

Vinuesa, R. E. - Respondent
405.00 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
None - jurisdiction declined Award dated 19 May 2010 None None None None None None
34 2007 Domtar v. USA Domtar Inc. v. United States of America NAFTA (1992) UNCITRAL None Investment: Ownership of Domtar Enterprises Inc. and Domtar Industries Inc., locally-incorporated companies marketing and selling softwood lumber products in the United States.

Summary: Claims arising out of certain U.S. antidumping and countervailing duty investigations with respect to softwood lumber products imported from Canada into the United States, as well as the Continued Dumping and Subsidy Offset Act of 2000, and the 2006 Softwood Lumber Agreement between the United States and Canada.
Ownership of Domtar Enterprises Inc. and Domtar Industries Inc., locally-incorporated companies marketing and selling softwood lumber products in the United States. Discontinued United States of America Canada Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles 46 - Wholesale trade, except of motor vehicles and motorcycles Tribunal not constituted 200.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Transfer of funds
Not applicable - settled or discontinued before decision on liability None None None None None None None
35 2007 Frontier v. Czech Republic Frontier Petroleum Services Ltd. v. The Czech Republic Canada - Czech Republic BIT (1990) UNCITRAL PCA Investment: Capital contributions to finance the purchase of assets of a bankrupt State-owned Czech aircraft manufacturing company under certain unanimous shareholder agreement; claims to money in the form of an arbitral award in Frontier's favour.

Summary: Claims arising out of the alleged wrongful failure of Czech courts to recognise and enforce an interim and final award in claimant's favour, relating to alleged breaches of a shareholder agreement concluded with a Czech company for a joint venture project in the aviation manufacturing industry in the Czech Republic.
Capital contributions to finance the purchase of assets of a bankrupt State-owned Czech aircraft manufacturing company under certain unanimous shareholder agreement; claims to money in the form of an arbitral award in Frontier's favour. Decided in favour of State Czechia Canada Secondary: C - Manufacturing 30 - Manufacture of other transport equipment Williams, D. A. R. - President

Álvarez, H. C. - Claimant

Schreuer, C. H. - Respondent
20.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Other
None - all claims dismissed at the merits stage Final Award dated 12 November 2010 None None None None None None
36 2005 Canadian Cattlemen v. USA The Canadian Cattlemen for Fair Trade (formerly Consolidated Canadian Claims) v. United States of America NAFTA (1992) UNCITRAL None Investment: Beef and cattle-related operations including cow-calf production, back-grounding, finishing, custom feeding, agency/brokerage as well as secondary transportation and crop production activities.

Summary: Claims arising out of the Government's ban on Canadian cattle and beef imports after a cow in Alberta, Canada was found to have mad cow disease (bovine spongiform encephalopathy).
Beef and cattle-related operations including cow-calf production, back-grounding, finishing, custom feeding, agency/brokerage as well as secondary transportation and crop production activities. Decided in favour of State United States of America Canada Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Böckstiegel, K.-H. - President

Low, L. A. - Unknown

Bacchus, J. - Unknown
235.00 mln USD Data not available National treatment None - jurisdiction declined Award on Jurisdiction dated 28 January 2008 None None None None None None
37 2005 Scotiabank v. Argentina Bank of Nova Scotia v. Argentine Republic Argentina - Canada BIT (1991) UNCITRAL None Investment: Ownership of local bank, Scotiabank Quilmes SA.

Summary: Claims arising out of the alleged negative effects of the forced pesification of the bank's local subsidiary US-dollar assets and liabilities, during the Argentinean economic crisis of 2002.
Ownership of local bank, Scotiabank Quilmes SA. Settled Argentina Canada Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Brower, C. N. - Claimant

Pellet, A. - Respondent

Name not available - President
600.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability None None None None None None None
38 2004 Grand River v. USA Grand River Enterprises Six Nations, Ltd., et.al. v. United States of America NAFTA (1992) UNCITRAL None Investment: Controlling shareholding and/or ownership of companies engaged in the tobacco manufacturing and distribution business.

Summary: Claims arising out of a 1998 settlement agreement between various state's Attorney General and major tobacco companies (concluded to settle litigation by several U.S. states against certain U.S. cigarette manufacturers), and state legislation that partially implemented the settlement.
Controlling shareholding and/or ownership of companies engaged in the tobacco manufacturing and distribution business. Decided in favour of State United States of America Canada Secondary: C - Manufacturing 12 - Manufacture of tobacco products Nariman, F. S. - President

Anaya, J. - Claimant

Crook, J. R. - Respondent
664.00 mln USD Data not available Indirect expropriation

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 Decision on Objections to Jurisdiction dated 20 July 2006

Award dated 12 January 2011
None None None None None None
39 2004 Tembec v. USA Tembec Inc. et al. v. United States of America NAFTA (1992) UNCITRAL ICSID Investment: Forest products company.

Summary: Claims arising out of a number of countervailing duties and antidumping measures adopted by the United States relating to Canadian softwood lumber products, as a result of which the claimant was required to pay duties on these products imported to the United States.
Forest products company. Settled United States of America Canada Primary: A - Agriculture, forestry and fishing 2 - Forestry and logging van den Berg, A. J. - President

Robinson, D. R. - Unknown

de Mestral, A. - Unknown
200.00 mln USD Data not available Indirect expropriation

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

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability Decision on Preliminary Question dated 6 June 2006

Joint Order on the Costs of Arbitration and for the Termination of Certain Arbitral Proceedings dated 19 July 2007
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Memorandum Opinion (on Tembec's application to vacate award), U.S. District Court for the District of Columbia, dated 14 August 2008 (Judicial review by national courts) None None
40 2004 Terminal Forest v. USA Terminal Forest Products Ltd. v. United States of America NAFTA (1992) UNCITRAL ICSID Investment: Forest products company.

Summary: Claims arising out of a number of countervailing duties and antidumping measures adopted by the United States relating to Canadian softwood lumber products, as a result of which the claimant was required to pay duties on these products imported to the United States.
Forest products company. Settled United States of America Canada Primary: A - Agriculture, forestry and fishing 2 - Forestry and logging van den Berg, A. J. - President

Robinson, D. R. - Unknown

de Mestral, A. - Unknown
90.00 mln USD Data not available Indirect expropriation

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

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability Decision on Preliminary Question dated 6 June 2006

Joint Order on the Costs of Arbitration and for the Termination of Certain Arbitral Proceedings dated 19 July 2007
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Memorandum Opinion (on Tembec's application to vacate award), U.S. District Court for the District of Columbia, dated 14 August 2008 (Judicial review by national courts) None None
41 2004 Ulemek v. Croatia Mr. Nedjeljko Ulemek v. Croatia Canada - Croatia BIT (1997) UNCITRAL None Investment: Shareholding in local joint venture engaged in activities concerning office machinery and equipment.

Summary: Claims arising out of the alleged mistreatment to claimant's investment in the Croatian joint venture Jugoturbina Select; particularly, concerning allegations that as a result of the general state of armed conflict and the claimant's Serbian ancestry, he was allegedly forced to leave Croatia in the spring of 1991, and his investment was confiscated and transferred to other companies.
Shareholding in local joint venture engaged in activities concerning office machinery and equipment. Decided in favour of State Croatia Canada Secondary: C - Manufacturing 28 - Manufacture of machinery and equipment n.e.c. Magnusson, S. - President

Rubins, N. - Claimant

Barbic, J. - Respondent
2.60 mln USD Data not available Direct expropriation

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

Full protection and security, or similar

National treatment

Most-favoured nation treatment

Other
None - all claims dismissed at the merits stage Award dated 28 May 2008 None Data not available Data not available Data not available Data not available Data not available
42 2004 Vannessa Ventures v. Venezuela Vannessa Ventures Ltd v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/04/6) Canada - Venezuela, Bolivarian Republic of BIT (1996) ICSID AF ICSID Investment: Majority shareholding in a company holding a mining concession for gold and copper.

Summary: Claims arising out of the Government's retraction of claimant's mining rights in Las Cristinas in the south east of Venezuela, one of the world’s greatest undeveloped sources of gold, under the allegation that claimant's purchase of the shares was illegal.
Majority shareholding in a company holding a mining concession for gold and copper. Decided in favour of State Venezuela, Bolivarian Republic of Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Lowe, V. - President

Briner, R. - President (replaced)

Veeder, V. V. - President (replaced)

Brower, C. N. - Claimant

Stern, B. - Respondent

Paulsson, J. - Respondent (replaced)
1045.00 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
None - all claims dismissed at the merits stage Decision on jurisdiction dated 22 August 2008

Award dated 16 January 2013
None None None None None None
43 2003 Encana v. Ecuador EnCana Corporation v. Republic of Ecuador (LCIA Case No. UN3481) Canada - Ecuador BIT (1996) UNCITRAL LCIA Investment: Ownership of local subsidiaries that had entered into participation contracts for the exploration and exploitation of oil and gas reserves with Petroecuador, a State-owned entity.

Summary: Claims arising out of VAT refunds to which the claimant's subsidiaries were allegedly entitled under Ecuadorian laws and regulations.
Ownership of local subsidiaries that had entered into participation contracts for the exploration and exploitation of oil and gas reserves with Petroecuador, a State-owned entity. Decided in favour of State Ecuador Canada Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Crawford, J. R. - President

Grigera Naón, H. A. - Claimant

Barrera Sweeney, P. - Respondent

Barrera Valverde, A. - Respondent (replaced)
80.00 mln USD Data not available Indirect expropriation

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

National treatment

Other
None - all claims dismissed at the merits stage Award dated 3 February 2006

Partial Award on Jurisdiction dated 27 February 2004
Partial Dissenting Opinion of Mr. Horacio A. Grigera Naón (Award) None None None None None
44 2003 Glamis Gold v. USA Glamis Gold Ltd. v. United States of America NAFTA (1992) UNCITRAL ICSID Investment: Publicly-held corporation engaged in the mining of precious metals.

Summary: Claims arising out of certain federal government actions and California state measures regarding open-pit mining operations, allegedly resulting in injuries to a proposed gold mine in Imperial County, California.
Publicly-held corporation engaged in the mining of precious metals. Decided in favour of State United States of America Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Young, M. K. - President

Hubbard, K. D. - Claimant

Morgan, D. L. - Claimant (replaced)

Caron, D. D. - Respondent
50.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - all claims dismissed at the merits stage Award dated 8 June 2009 None None None None None None
45 2002 Canfor v. USA Canfor Corporation v. United States of America NAFTA (1992) UNCITRAL ICSID Investment: Forest products company.

Summary: Claims arising out of a number of countervailing duties and antidumping measures adopted by the United States relating to Canadian softwood lumber products, as a result of which the claimant was required to pay duties on these products imported to the United States.
Forest products company. Settled United States of America Canada Primary: A - Agriculture, forestry and fishing 2 - Forestry and logging van den Berg, A. J. - President

Robinson, D. R. - Unknown

de Mestral, A. - Unknown
250.00 mln USD Data not available Indirect expropriation

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

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability Decision on Preliminary Question dated 6 June 2006

Joint Order on the Costs of Arbitration and for the Termination of Certain Arbitral Proceedings dated 19 July 2007
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Memorandum Opinion (on Tembec's application to vacate award), U.S. District Court for the District of Columbia, dated 14 August 2008 (Judicial review by national courts) None None
46 2002 Kenex v. USA Kenex Ltd. v. United States of America NAFTA (1992) UNCITRAL None Investment: Manufacturing, marketing and distributing company of industrial products made from the cannabis plant.

Summary: Claims arising out of the Drug Enforcement Administration’s interpretation of the Controlled Substances Act as prohibiting the sale of products that cause the controlled substance THC to enter the human body.
Manufacturing, marketing and distributing company of industrial products made from the cannabis plant. Discontinued United States of America Canada Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Tribunal not constituted 20.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability None None None None None None None
47 2002 Thunderbird v. Mexico International Thunderbird Gaming Corporation v. The United Mexican States NAFTA (1992) UNCITRAL ICSID Investment: Ownership of three gaming facilities.

Summary: Claims arising out of the closure of the investor's gaming facilities by the Mexican government agency that had jurisdiction over gaming activity.
Ownership of three gaming facilities. Decided in favour of State Mexico Canada Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities van den Berg, A. J. - President

Wälde, T. W. - Claimant

Portal Ariosa, A. - Respondent
100.00 mln USD Data not available Indirect expropriation

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 Arbitral Award dated 26 January 2006 Separate Opinion of Mr. Thomas Wälde (Arbitral Award) Judicial review by national courts Award/decision upheld (Judicial review by national courts) Memorandum Opinion (on the petition to set aside the award), U.S. District Court for the District of Columbia, dated 14 February 2007 (Judicial review by national courts) None None
48 2000 ADF v. USA ADF Group Inc. v. United States of America (ICSID Case No. ARB(AF)/00/1) NAFTA (1992) ICSID AF ICSID Investment: Subcontractor to a U.S. company which had entered into a contract with local authorities for a highway construction project.

Summary: Claims arising out of the Springfield Interchange Highway construction project in Virginia; particularly, alleged injuries resulting from the federal Surface Transportation Assistance Act of 1982 and implementing regulations requiring that federally-funded state highway projects used only domestically produced steel.
Subcontractor to a U.S. company which had entered into a contract with local authorities for a highway construction project. Decided in favour of State United States of America Canada Tertiary: F - Construction 42 - Civil engineering Feliciano, F. P. - President

de Mestral, A. - Claimant

Lamm, C. B. - Respondent
90.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Performance requirements
None - all claims dismissed at the merits stage Award dated 9 January 2003 None None None None None None
49 1999 Methanex v. USA Methanex Corporation v. United States of America NAFTA (1992) UNCITRAL ICSID Investment: Ownership of marketing and distributing company of methanol.

Summary: Claims arising out of alleged injuries resulting from a California ban on the use or sale in California of the gasoline additive MTBE. Methanol, central to the investor's activities, is an ingredient used to manufacture MTBE.
Ownership of marketing and distributing company of methanol. Decided in favour of State United States of America Canada Secondary: C - Manufacturing 20 - Manufacture of chemicals and chemical products Veeder, V. V. - President

Rowley, J. W. - Claimant

Reisman, W. M. - Respondent
970.00 mln USD Data not available Indirect expropriation

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

National treatment
None - all claims dismissed at the merits stage Partial Award dated 7 August 2002

Final Award of the Tribunal on Jurisdiction and Merits dated 3 August 2005
None None None None None None
50 1999 Mondev v. USA Mondev International Ltd. v. United States of America (ICSID Case No. ARB(AF)/99/2) NAFTA (1992) ICSID AF ICSID Investment: Commercial real estate development contract concluded between the city of Boston and a company owned by the claimant.

Summary: Claims arising out of alleged losses suffered by an enterprise owned and controlled by the claimant resulting from a decision by the Supreme Judicial Court of Massachusetts and from Massachusetts state law.
Commercial real estate development contract concluded between the city of Boston and a company owned by the claimant. Decided in favour of State United States of America Canada Tertiary: L - Real estate activities 68 - Real estate activities Stephen, N. - President

Crawford, J. R. - Claimant

Schwebel, S. M. - Respondent
50.00 mln USD Data not available Indirect expropriation

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

National treatment
None - all claims dismissed at the merits stage Award dated 11 October 2002 None None None None None None
51 1998 Loewen v. USA Loewen Group, Inc. and Raymond L. Loewen v. United States of America (ICSID Case No. ARB(AF)/98/3) NAFTA (1992) ICSID AF ICSID Investment: Stock holding in corporation dedicated to funeral home operations.

Summary: 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.
Stock holding in corporation dedicated to funeral home operations. Decided in favour of State United States of America Canada Tertiary: S - Other service activities 96 - Other personal service activities Mason, A. - President

Mustill, M. - Claimant

Fortier, L. Y. - Claimant (replaced)

Mikva, A. - Respondent
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 Decision on Hearing of Respondent's Objection to Competence and Jurisdiction dated 5 January 2001

Award dated 26 June 2003
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Raymond L. Loewen v. United States of America, United States District Court for the District of Columbia, Civil Action No. 04-2151, Memorandum Opinion dated 31 October 2005 (Judicial review by national courts) None None