Treaty: North American Free Trade Agreement (NAFTA), Chapter 11
Economic sector: Agriculture, forestry and fishing
Dispute status: Concluded with award
Remarks: This case is reproduced pursuant to a proposal by the Government of Canada to publish on the Registry web page information in respect of cases brought against Canada under Chapter 11 of the North American Free Trade Agreement (NAFTA), with a view to illustrating the educational role played by the Registry as a global reference on transparency in treaty-based investor-State arbitration (see UNCITRAL Report, A/69/17, para. 108). Information published originates, and is reproduced here as received, from the archived content of the website of the Government of Canada, and the format may not allow usage of the search text function.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents:
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
| merrill-01.pdf | Notice of Intent | Other document | English | 2006-09-25 |
| merrill-02.pdf | Notice of Arbitration/ Statement of Claim | Notice of arbitration | English | 2006-12-27 |
| merrill-03.pdf | Statement of Defence Canada | Statement of Defence | English | 2007-10-30 |
| merrill-04.pdf | Investor's Observations on Preliminary Objections | Additional written submissions | English | 2007-11-09 |
| merrill-05.pdf | Memorial of the Investor | Statement of Claim | English | 2008-02-13 |
| merrill-06.pdf | Canada's Counter-Memorial | Additional written submissions | English | 2008-05-13 |
| merrill-07.pdf | Reply memorial of the Investor | Other document | English | 2008-12-15 |
| merrill-08.pdf | Rejoinder Memorial - Public | Additional written submissions | English | 2009-03-27 |
| merrill-09.pdf | Final Award | Award | English | 2010-03-31 |
| merrill-10.pdf | U.S. submission made pursuant to Article 1128 to the NAFTA | Submissions by non-disputing party | English | 2008-07-14 |
| merrill-11.pdf | Canada’s Response to the Petition of the Communication, Energy and Paperworkers Union of Canada, the United Steelworkers and the British Columbia Federation of Labour to Intervene | Other document | English | 2008-07-16 |
| merrill-12.pdf | Investor’s Response to the Petition of Communication, Energy and Paperworkers Union of Canada, the United Steelworkers and the British Columbia Federation of Labour | Other document | English | 2008-07-16 |
| merrill-13.pdf | Letter of July 31, 2008 from the Tribunal to Steven Shrybman regarding submission of an application on behalf of the Communication, Energy and Paperworkers Union of Canada, the United Steelworkers and the British Columbia Federation of Labour | Other document | English | 2008-07-31 |
| merrill-14.pdf | Application to File a Written Submission by the United Steelworkers, Communications, Energy and Paperworkers Union of Canada, and the British Columbia Federation of Labour | Submissions by non-disputing party | English | 2008-09-26 |
| merrill-15.pdf | Submissions of the United Steelworkers, Communications, Energy and Paperworkers Union of Canada, and the British Columbia Federation of Labour | Submissions by non-disputing party | English | 2008-09-26 |
| merrill-16.pdf | Submission by the Government of Mexico made pursuant to Article 1128 of the NAFTA | Submissions by non-disputing party | English | 2009-04-02 |
| merrill-po-01.pdf | Merrill & Ring v. Canada Arbitration Panel Announced | Other document | English | 2007-08-31 |
| merrill-po-02.pdf | Investor's Submission on Place of Arbitration | Other document | English | 2007-11-09 |
| merrill-po-03.pdf | Investor's Submission on Confidentiality Agreement | Other document | English | 2007-11-09 |
| merrill-po-04.pdf | Investor's Submission on Document Production | Other document | English | 2007-11-09 |
| merrill-po-05.pdf | Canada's Procedural Submission | Other document | English | 2007-11-09 |
| merrill-po-06.pdf | Transcript of Procedural Hearing | Hearing transcript | English | 2007-11-15 |
| merrill-po-07.pdf | Investor's Motion to Add a New Party | Other document | English | 2007-12-12 |
| merrill-po-08.pdf | Tribunal Decision on Place of Arbitration | Other decision | English | 2007-12-13 |
| merrill-po-09.pdf | Canada's Reply to Investor's Motion to Add a New Party | Other document | English | 2008-01-02 |
| merrill-po-10.pdf | Confidentiality Order from Tribunal | Other decision | English | 2008-01-21 |
| merrill-po-11.pdf | Document Production Order from Tribunal | Other decision | English | 2008-01-21 |
| merrill-po-12.pdf | Document Production Order from Tribunal - Canada's further Submission on Confidentiality Order | Other document | English | 2008-01-29 |
| merrill-po-13.pdf | Tribunal Decision on Motion to Add a New Party | Other decision | English | 2008-01-31 |
| merrill-po-14.pdf | Tribunal Amended Confidentiality Order | Other decision | English | 2008-02-18 |
| merrill-po-15.pdf | Order from the Tribunal "Concerning Requests for Documents and Certain Evidentiary Matters" | Other decision | English | 2008-06-24 |
| merrill-po-16.pdf | Decision of the Tribunal on Production of Documents | Other decision | English | 2008-07-18 |
| merrill-po-17.pdf | Letter of August 4, 2008 from the Tribunal to the disputing parties regarding the Decision on Production of Documents | Other decision | English | 2008-07-18 |
| merrill-po-18.pdf | Decision on Cabinet Privilege (REDACTED) | Other decision | English | 2008-09-03 |
| merrill-po-19.pdf | Letter from the Tribunal to the disputing parties regarding the Investor's new damage claim | Other document | English | 2008-12-29 |
Treaty: North American Free Trade Agreement (NAFTA), Chapter 11
Economic sector: Agriculture, forestry and fishing
Dispute status: Concluded with award
Remarks: This case is reproduced pursuant to a proposal by the Government of Canada to publish on the Registry web page information in respect of cases brought against Canada under Chapter 11 of the North American Free Trade Agreement (NAFTA), with a view to illustrating the educational role played by the Registry as a global reference on transparency in treaty-based investor-State arbitration (see UNCITRAL Report, A/69/17, para. 108). Information published originates, and is reproduced here as received, from the archived content of the website of the Government of Canada, and the format may not allow usage of the search text function.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents:
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
| pope-01.pdf | Notice of Intent | Other document | English | 1998-12-24 |
| pope-02.pdf | Notice of Arbitration | Notice of arbitration | English | 1999-03-25 |
| pope-03.pdf | Statement of Claim | Statement of Claim | English | 1999-03-25 |
| pope-04.pdf | Statement of Defence | Statement of Defence | English | 1999-10-08 |
| pope-05.pdf | Mexico 1128 Submission | Submissions by non-disputing party | English | 1999-12-02 |
| pope-06.pdf | Reply to Investor's Response to Canada's Preliminary Motions | Additional written submissions | English | 1999-12-07 |
| pope-07.pdf | Award on Harmac Motion | Award | English | 2000-02-24 |
| pope-09.pdf | Preliminary Tribunal Awards | Award | English | |
| pope-10.pdf | Procedural Orders | Other decision | English | 2000-09-06 |
| pope-11.pdf | Decision | Other decision | English | 2000-09-06 |
| pope-12.pdf | Decision | Other decision | English | 2000-09-27 |
| pope-14.pdf | Decision and Order by the Arbitral Tribunal | Other decision | English | 2002-03-11 |
| pope-15.pdf | Ruling Concerning the Inverstor's Motion to Change the Place of Arbitration | Other decision | English | 2002-03-14 |
| pope-17.pdf | Letter from the Tribunal | Other document | English | 2002-03-21 |
| pope-19.pdf | Amended Procedural Order on Confidentiality No. 5 | Other decision | English | 2002-09-17 |
| pope-20.pdf | Final Award - Award in Respect of Costs | Award | English | 2002-11-26 |
Treaty: BIT Canada - Serbia 2014, BIT Serbia - Cyprus 2005
Economic sector: Agriculture, forestry and fishing
Dispute status: Pending
Remarks: The tribunal, based on the applicable treaties and after having heard the parties, elaborated a specific transparency regime, referring in the justification to the UNCITRAL Rules on Transparency (Procedural Order N.5 Annex A). Information about this case is published on the website of the arbitral institution handling this case, and may be found on the website of ICSID (ICSID Case No. ARB/18/8)
Applicable arbitration rules: Rules of Procedure for Arbitration Proceedings of the International Centre for Settlement of Investment Disputes (ICSID)
Attached documents: None
Treaty: Treaties between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments dated 8 May 2009, which entered into force on 23 November 2011, and dated 17 April 1996, which entered into force on 11 February 1997
Economic sector: Arts, entertainment and recreation
Dispute status: Concluded with award
Remarks: The parties have agreed to limited transparency, including the publication of certain documents, with the arbitral institution handling the case designated as the repository. Relevant information can be accessed on the website of the Permanent Court of Arbitration in The Hague. PCA Case No.2020-54 https://pca-cpa.org/en/cases/338/
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: Treaty between the Government of the United States of America and the Government of Romania concerning the Reciprocal Encouragement and Protection of Investment dated 28 May 1992 and entered into force on 15 January 1994
Economic sector: Arts, entertainment and recreation
Dispute status: Pending
Remarks: The parties have agreed to limited transparency, including the publication of certain documents, with the arbitral institution handling the case designated as the repository. Relevant information can be accessed on the website of the Permanent Court of Arbitration in The Hague. PCA Case No.2020-53 https://pca-cpa.org/en/cases/337/
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: Agreement between Mozambique and India for the Reciprocal Promotion and Protection of Investments, dated 19 February 2009
Economic sector: Construction
Dispute status: Pending
Remarks: The Rules on Transparency apply in this case by agreement of the disputing parties (see article 1(2)(a) of the Transparency Rules), with the arbitral institution handling the case being designated as the repository. Information may be found on the website of the Permanent Court of Arbitration at The Hague.PCA CASE 2020-21
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: Annex 16 of the Treaty on the Eurasian Economic Union dated 29 May 2014
Economic sector: Construction
Dispute status: Concluded with award
Remarks: The Rules on Transparency apply (see Terms of Appointment, paras. 60, 68). Information about this case is also published on the website of the PCA, being the arbitral institution handling this case.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents:
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
| 000_Manolium_v_Belarus_01.pdf | Notice of Arbitration | Notice of arbitration | English | 2017-11-15 |
| 000_Manolium_v_Belarus_02.pdf | Respond to the Notice of Arbitration | Response to the notice | English | 2017-12-15 |
| 000_Manolium_v_Belarus_03.pdf | Statement of Claim | Statement of Claim | English | 2018-05-10 |
| 000_Manolium_v_Belarus_04.pdf | Terms of Appointment | Other decision | English | 2018-05-28 |
| 000_Manolium_v_Belarus_05.pdf | Procedural Order No.1 | Other decision | English | 2018-05-17 |
| 000_Manolium_v_Belarus_06.pdf | Application for Bifurcation on Quantum | Additional written submissions | English | 2018-06-11 |
| 000_Manolium_v_Belarus_07.pdf | Observations on Application for Bifurcation on Quantum | Additional written submissions | English | 2018-06-25 |
| 000_Manolium_v_Belarus_08.pdf | Claimant's Interim Measures Request | Additional written submissions | English | 2018-07-28 |
| 000_Manolium_v_Belarus_09.pdf | Decision on Bifurcation | Other decision | English | 2018-08-01 |
| 000_Manolium_v_Belarus_10.pdf | Response to the Claimant's Interim Measure Request | Additional written submissions | English | 2018-09-21 |
| 000_Manolium_v_Belarus_11.pdf | Claimant's letter | Other document | English | 2018-10-05 |
| 000_Manolium_v_Belarus_12.pdf | Observations on comments to response to interim measures request | Additional written submissions | English | 2018-10-12 |
| 000_Manolium_v_Belarus_13.pdf | Procedural Order No.1, Annex 1, Timetable B.1 | Other decision | English | 2018-11-15 |
| 000_Manolium_v_Belarus_14.pdf | Statement of Defense | Statement of Defence | English | 2018-11-19 |
| 000_Manolium_v_Belarus_15.pdf | Decision on Claimant's Interim Measures Request | Other decision | English | 2018-12-07 |
| 000_Manolium_v_Belarus_16.pdf | Statement of Reply | Additional written submissions | English | 2019-02-28 |
| 000_Manolium_v_Belarus_17.pdf | Procedural Order No1 Annex 1, Timetable B.1 | Other decision | English | 2019-05-27 |
| 000_Manolium_v_Belarus_18.pdf | Rejoinder | Additional written submissions | English | 2019-05-30 |
| 000_Manolium_v_Belarus_19.pdf | Procedural Order No.2 | Other decision | English | 2019-07-10 |
| 000_Manolium_v_Belarus_20.pdf | Chronology of events | Other document | English | 2019-07-19 |
| 000_Manolium_v_Belarus_21.pdf | Respondent's Factual Exhibits | Table of exhibits | English | 2019-07-29 |
| 000_Manolium_v_Belarus_22.PDF | Claimant s expert reports (with exhibits) | Table of expert reports | English | 2019-07-29 |
| 000_Manolium_v_Belarus_23.pdf | Evidentiary Hearing | Hearing transcript | English | 2019-07-29 |
| 000_Manolium_v_Belarus_24.pdf | Evidentiary Hearing | Hearing transcript | English | 2019-07-30 |
| 000_Manolium_v_Belarus_25.pdf | Evidentiary Hearing | Hearing transcript | English | 2019-07-31 |
| 000_Manolium_v_Belarus_26.pdf | Procedural Order No.1 Annex 1, Timetable B.1 | Other decision | English | 2019-08-21 |
| 000_Manolium_v_Belarus_27.pdf | Procedural Order No.1, Annex 1, Timetable B.1 | Other decision | English | 2019-09-27 |
| 000_Manolium_v_Belarus_28.pdf | Claimant s factual exhibits | Table of exhibits | English | 2019-10-03 |
| 000_Manolium_v_Belarus_29.pdf | Post Hearing Brief | Additional written submissions | English | 2019-10-03 |
| 000_Manolium_v_Belarus_30.pdf | Respondent s Post Hearing Brief | Additional written submissions | English | 2019-11-28 |
| 000_Manolium_v._Belarus_31.pdf | Final Award | Award | English | 2021-06-22 |
Treaty: North American Free Trade Agreement (NAFTA), Chapter 11
Economic sector: Energy supply
Dispute status: Settled by agreement
Remarks: This case is reproduced pursuant to a proposal by the Government of Canada to publish on the Registry web page information in respect of cases brought against Canada under Chapter 11 of the North American Free Trade Agreement (NAFTA), with a view to illustrating the educational role played by the Registry as a global reference on transparency in treaty-based investor-State arbitration (see UNCITRAL Report, A/69/17, para. 108). Information published originates, and is reproduced here as received, from the archived content of the website of the Government of Canada, and the format may not allow usage of the search text function.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents:
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
| ethyl-01.pdf | Notice of Intent | Other document | English | 1996-09-10 |
| ethyl-02.pdf | Notice of Arbitration | Notice of arbitration | English | 1997-04-14 |
| ethyl-03.pdf | Memorandum of Argument of the Government of Canada on Place of Arbitration | Other document | English | 1997-10-02 |
| ethyl-06.pdf | Decision regarding the Place of Arbitration | Other decision | English | 1997-11-28 |
| ethyl-07.pdf | Procedural Orders (PDF Document - 702 KB) Article 1128 Submission of Mexico | Other decision | English | 1998-03-11 |
| ethyl-08.pdf | Preliminary Tribunal Award on jurisdiction | Award | English | 1998-06-24 |
Treaty: United States - Peru Trade Promotion Agreement signed on April 12, 2006
Economic sector: Energy supply
Dispute status: Pending
Remarks: The Rules on Transparency apply in this case by agreement of the disputing parties (see article 1(2)(a) of the Transparency Rules). Information in relation to that case is published by agreement of the disputing parties on the website of the arbitral institution handling the case and may be found on the website of the Permanent Court of Arbitration at The Hague. (PCA Case 2023-22)
Applicable arbitration rules: UNCITRAL Arbitration Rules
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: United States - Peru Trade Promotion Agreement signed on April 12, 2006
Economic sector: Energy supply
Dispute status: Pending
Remarks: The Rules on Transparency apply in this case by agreement of the disputing parties (see article 1(2)(a) of the Transparency Rules), with the arbitral institution handling the case being designated as the repository. Information may be found on the website of the Permanent Court of Arbitration at The Hague. PCA Case 2020-11
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: Energy Charter Treaty - article 26(4)(b)
Economic sector: Energy supply
Dispute status: Pending
Remarks: Information in relation to the case is published on the website of the arbitral institution handling the case, which is the Permanent Court of Arbitration (PCA Case 2020-07) as well as on this website, according to the request of the Tribunal.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents:
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
| Nord_Stream_v._EU_-1.pdf | REQUEST FOR AMICABLE SETTLEMENT | Other document | English | 2019-04-12 |
| Nord_Stream_v._EU_-2.pdf | Notice of Arbitration | Notice of arbitration | English | 2019-09-26 |
| Nord_Stream_v._EU-3.pdf | EU s Response to Nord Stream 2 A G's Notice of Arbitration | Response to the notice | English | 2019-10-24 |
| Nord_Stream_v._EU-4.PDF | Claimant's Memorial | Statement of Claim | English | 2020-07-03 |
| Nord_Stream_v._EU_-5.pdf | EU Memorial on Jurisdiction and Request for Bifurcation | Additional written submissions | English | 2020-09-15 |
| Nord_Stream_v._EU_-6.pdf | Claimant Response to the EU s request for a prelimary phase on jurisdiction and admissibility | Additional written submissions | English | 2020-10-16 |
| Nord_Stream_v._EU-7.pdf | Letter from the PCA | Other document | English | 2020-03-27 |
| Nord_Stream_v._EU_-8.pdf | Letter from the PCA | Other document | English | 2020-04-11 |
| Nord_Stream_v._EU-9.pdf | Terms of Appointment | Other decision | English | 2020-04-02 |
| Nord_Stream_v._EU_10.pdf | Procedural Order N.1 | Other decision | English | 2020-04-24 |
| Nord_Stream_v._EU_-11.pdf | Procedural Order N.2 | Other decision | English | 2020-05-04 |
| Nord_Stream_v._EU-12.pdf | Procedural Order N.3 | Other decision | English | 2020-12-04 |
| Nord_Stream_v._EU-13.pdf | Decision on Challenge to Mr. Peter Rees QC | Other decision | English | 2019-12-09 |
| Nord_Stream_v._EU_-14.pdf | PROCEDURAL ORDER NO. 4 DECISION ON REQUEST FOR PRELIMINARY PHASE ON JURISDICTION | Other decision | English | 2020-12-31 |
Treaty: Acuerdo para la Promoción y la Protección Recíproca de Inversiones entre el Reino de España y la República de Bolivia, hecho en Madrid el 29 de octubre de 2001
Economic sector: Energy supply
Dispute status: Settled by agreement
Remarks: The Rules on Transparency apply in that case by agreement of the disputing parties (see article 1(2)(a) of the Transparency Rules). Their application does not result from a treaty obligation. Information in relation to that case is published by agreement of the disputing parties on the website of the arbitral institution handling the case, and may be found on the website of the Permanent Court of Arbitration at The Hague.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: Agreement between UK and India for the promotion and protection of investments, dated 14 March 1994
Economic sector: Energy supply
Dispute status: Concluded with award
Remarks: Transparency was addressed by the tribunal in procedural order no.2. Information in relation to that case is accordingly published on the website of the arbitral institution handling the case, and may be found on the website of the Permanent Court of Arbitration at The Hague, Case No.2016-7.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: Agreement on Mutual Promotion and Protection of Investments between the Portuguese Republic and the Republic of Angola, signed on 22 February 2008, in its revised version of 16 July 2021
Economic sector: Energy supply
Dispute status: Pending
Remarks: The Rules on Transparency apply to this case (see (article 1(2)(b) of the Transparency Rules) and govern matters of transparency and confidentiality, subject to adaptations adopted by the Tribunal (article 1(3)(b) of the Transparency Rules. The arbitral institution handling this case was designated as the repository. Information may be found on the website of ICSID, Case No. ARB/24/8
Applicable arbitration rules: Rules of Procedure for Arbitration Proceedings of the International Centre for Settlement of Investment Disputes (ICSID)
Attached documents: None
Treaty: Agreement on the Encouragement and Reciprocal Protection of Investments between the Lebanese Republic and the Kingdom of the Netherlands, 2 May 2002.
Economic sector: Financial and insurance activities
Dispute status: Pending
Remarks: The Rules on Transparency apply by agreement of the parties (see Notice of Arbitration para.92 and Response to Notice, page 2)
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents:
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
| Abdallah_Andraous_v._The_Netherlands_v.1.pdf | Notice of Arbitration | Notice of arbitration | English | 2023-02-07 |
| Abdallah_Andraous_v._The_Netherlands_v.2.pdf | Letter from the Legal Advisor of the Ministry of Foreign Affairs | Response to the notice | English | 2023-02-27 |
Treaty: United States – Colombia Trade Promotion Agreement, signed November 22, 2006
Economic sector: Financial and insurance activities
Dispute status: Pending
Remarks: The Rules on Transparency apply in that case by agreement of the disputing parties (see article 1(2)(a) of the Transparency Rules). Their application does not result from a treaty obligation. Information in relation to that case is published by agreement of the disputing parties on the website of the arbitral institution handling the case, and may be found on the website of the Permanent Court of Arbitration at The Hague: https://pca-cpa.org/en/cases/199/
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: United States - Peru Trade Promotion Agreement signed on April 12, 2006
Economic sector: Financial and insurance activities
Dispute status: Pending
Remarks: In line with Art. 10.21 of treaty US-Peru Trade Promotion Agreement, the Terms of Appointment paras. 69, 70, as well as Procedural Order Number 1, paras. 66-71 a transparency regime close to the one of the Transparency Rules is foreseen. The case is therefore included in the Transparency Repository ICSID Case No.UNCT/18/2
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: North American Free Trade Agreement (NAFTA), Chapter 11
Economic sector: Human health and social work activities
Dispute status: Concluded with award
Remarks: This case is reproduced pursuant to a proposal by the Government of Canada to publish on the Registry web page information in respect of cases brought against Canada under Chapter 11 of the North American Free Trade Agreement (NAFTA), with a view to illustrating the educational role played by the Registry as a global reference on transparency in treaty-based investor-State arbitration (see UNCITRAL Report, A/69/17, para. 108). Information published originates, and is reproduced here as received, from the archived content of the website of the Government of Canada and the Permanent Court of Arbitration (PCA), and the format may not allow usage of the search text function.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents:
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
| centurion-01.pdf | Notice of Intent | Other document | English | 2008-07-11 |
| centurion-02.pdf | Notice of Arbitration | Notice of arbitration | English | 2009-01-05 |
| centurion-03.pdf | Revised Statement of Claim | Statement of Claim | English | 2009-02-02 |
| centurion-04.pdf | Government of Canada's Motion on Termination and Costs | Additional written submissions | English | 2010-04-29 |
| centurion-05.pdf | Claimants' Response to the Government of Canada's Motion to Terminate | Additional written submissions | English | 2010-05-18 |
| centurion-06.pdf | Order and Award of the Arbitral Tribunal | Award | English | 2010-08-02 |
| centurion-07.pdf | Correction of Order for the Termination of Proceedings and Award on Costs | Award | English | 2010-08-09 |
Treaty: North American Free Trade Agreement (NAFTA), Chapter 11
Economic sector: Manufacturing
Dispute status: Settled by agreement
Remarks: This case is reproduced pursuant to a proposal by the Government of Canada to publish on the Registry web page information in respect of cases brought against Canada under Chapter 11 of the North American Free Trade Agreement (NAFTA), with a view to illustrating the educational role played by the Registry as a global reference on transparency in treaty-based investor-State arbitration (see UNCITRAL Report, A/69/17, para. 108). Information published originates, and is reproduced here as received, from the archived content of the website of the Government of Canada, and the format may not allow usage of the search text function.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents:
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
| dow-01.pdf | Notice of Intent | Other document | English | 2008-08-25 |
| dow-02.pdf | Notice of Arbitration | Notice of arbitration | English | 2009-03-31 |
| dow-03.pdf | Settlement Agreement | Award | English | 2011-05-25 |
Treaty: North American Free Trade Agreement (NAFTA), Chapter 11
Economic sector: Manufacturing
Dispute status: Concluded with award
Remarks: This case is reproduced pursuant to a proposal by the Government of Canada to publish on the Registry web page information in respect of cases brought against Canada under Chapter 11 of the North American Free Trade Agreement (NAFTA), with a view to illustrating the educational role played by the Registry as a global reference on transparency in treaty-based investor-State arbitration (see UNCITRAL Report, A/69/17, para. 108). Information published originates, and is reproduced here as received, from the archived content of the websites of the Government of Canada and ICSID, and the format may not allow usage of the search text function.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents:
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
| abitibi-01.pdf | Notice of Intent | Other document | English | 2009-04-23 |
| abitibi-02.pdf | Notice of Arbitration | Notice of arbitration | English | 2010-02-25 |
| abitibi-03.pdf | Consent Award | Award | English | 2010-12-15 |
Treaty: North American Free Trade Agreement (NAFTA), Chapter 11
Economic sector: Manufacturing
Dispute status: Concluded with award
Remarks: This case is reproduced pursuant to a proposal by the Government of Canada to publish on the Registry web page information in respect of cases brought against Canada under Chapter 11 of the North American Free Trade Agreement (NAFTA), with a view to illustrating the educational role played by the Registry as a global reference on transparency in treaty-based investor-State arbitration (see UNCITRAL Report, A/69/17, para. 108). Information published originates, and is reproduced here as received, from the archived content of the website of the Government of Canada, and the format may not allow usage of the search text function.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents:
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
| chemtura-01.pdf | Notice of Intent | Other document | English | 2001-11-06 |
| chemtura-02.pdf | Second Notice of Intent | Other document | English | 2002-04-04 |
| chemtura-03.pdf | Third Notice of Intent | Other document | English | 2002-09-19 |
| chemtura-04.pdf | Notice of Arbitration (Related to First and Second Notices of Intent) | Notice of arbitration | English | 2002-10-17 |
| chemtura-05.pdf | Second Notice of Arbitration (Related to Third Notice of Intent) | Notice of arbitration | English | 2005-02-10 |
| chemtura-06.pdf | Investor's Memorial (Public Version) | Statement of Claim | English | 2008-06-02 |
| chemtura-07.pdf | Counter-Memorial of Canada (Public Version) | Statement of Defence | English | 2008-10-20 |
| chemtura-08.pdf | Investor's Reply (Public Version) | Additional written submissions | English | 2009-05-15 |
| chemtura-09.pdf | Rejoinder Memorial of Canada - (Public Version) | Additional written submissions | English | 2009-07-10 |
| chemtura-10.pdf | Government of Canada Post-hearing Brief | Other document | English | 2009-10-23 |
| chemtura-11.pdf | Investor's Post-hearing Brief | Other document | English | 2009-10-23 |
| chemtura-12.pdf | Canada's Submission on Costs | Other document | English | 2010-02-15 |
| chemtura-13.pdf | Investor's Submission on Costs | Other document | English | 2010-02-15 |
| chemtura-14.pdf | Award of the Arbitral Tribunal | Award | English | 2010-08-02 |
| chemtura-15.pdf | Submission by the U.S. made pursuant to Article 1128 of the NAFTA | Submissions by non-disputing party | English | 2009-07-31 |
| chemtura-16.pdf | Submission by Mexico made pursuant to Article 1128 of the NAFTA | Submissions by non-disputing party | English | 2009-07-31 |
| chemtura-po-01.pdf | Procedural Order No. 1 | Other decision | English | 2008-01-21 |
| chemtura-po-02.pdf | Confidentiality Order No. 2 | Other decision | English | 2008-01-21 |
| chemtura-po-03.pdf | Procedural Order No. 3 | Other decision | English | 2008-08-08 |
| chemtura-po-04.pdf | Tribunal's letter concerning Procedural Order No. 3 | Other decision | English | 2008-08-15 |
| chemtura-po-05.pdf | Procedural Order No. 4 | Other decision | English | 2009-03-18 |
| chemtura-po-06.pdf | Procedural Order No. 5 | Other decision | English | 2009-07-30 |
| chemtura-po-07.pdf | Procedural Order No. 6 | Other decision | English | 2009-09-29 |
Treaty: Canada-Colombia Free Trade Agreement
Economic sector: Mining and quarrying
Dispute status: Pending
Remarks: According to Procedural Order 1, the applicable arbitration rules are the ICSID Arbitration Rules in force as of 10 April 2006, subject to modifications introduced by Section B of Chapter Eight (Investment) of the Canada-Colombia Free Trade Agreement. Articles 830 and 831 of Section B establish a transparency framework aligned with the UNCITRAL Rules on Transparency. Consequently, the case is included in the Transparency Repository. (ICSID Case No. ARB/16/41)
Applicable arbitration rules: Rules of Procedure for Arbitration Proceedings of the International Centre for Settlement of Investment Disputes (ICSID)
Attached documents: None
Treaty: Agreement between the Republic of Colombia and the Swiss Confederation on the Promotion and Reciprocal Protection of Investments, signed May 17, 2006
Economic sector: Mining and quarrying
Dispute status: Pending
Remarks: Transparency was addressed by the tribunal in procedural order no.2. Information in relation to that case is accordingly published on the website of the arbitral institution handling the case and may be found on the website of the International Centre for Settlement of Investment Disputes. ICSID Case No. Arb/21/30 (Procedural Order No.2).
Applicable arbitration rules:Rules of Procedure for Arbitration Proceedings of the International Centre for Settlement of Investment Disputes (ICSID)
Attached documents: None
Treaty: Agreement Establishing the ASEAN–Australia–New Zealand Free Trade Area (AANZFTA)
Economic sector: Mining and quarrying
Dispute status: Pending
Remarks: Zeph Investments Pte. Ltd vs. Australia. Transparency was addressed by the tribunal in Procedural Order No. 3. Information in relation to that case is accordingly published on the website of the arbitral institution handling the case and may be found on the website of the Permanent Court of Arbitration at The Hague. (PCA Case 2023-40)
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: Agreement Establishing the ASEAN–Australia–New Zealand Free Trade Area (AANZFTA)
Economic sector: Mining and quarrying
Dispute status: Pending
Remarks: Zeph Investments Pte. Ltd vs. Australia. Transparency was addressed by the tribunal in Procedural Order No. 3. Information in relation to that case is accordingly published on the website of the arbitral institution handling the case and may be found on the website of the Permanent Court of Arbitration at The Hague. (PCA Case 2023-67)
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty:
Economic sector: Mining and quarrying
Dispute status: Pending
Remarks: The Rules on Transparency apply in that case by agreement of the disputing parties (see article 1(2)(a) of the Transparency Rules). Their application does not result from a treaty obligation. Procedural Order N.1. Information in relation to that case is published by agreement of the disputing parties on the website of the arbitral institution handling the case, and may be found on the website of ICSID.
Applicable arbitration rules: Rules of Procedure for Arbitration Proceedings of the International Centre for Settlement of Investment Disputes (ICSID)
Applicable arbitration rules: Rules of Procedure for Arbitration Proceedings of the International Centre for Settlement of Investment Disputes (ICSID)
Attached documents: None
Treaty: Treaty between the Government of the United States of America and the Government of the Republic of Bolivia Concerning the Encouragement and Reciprocal Protection of Investment, signed April 17, 1998
Economic sector: Mining and quarrying
Dispute status: Pending
Remarks: Transparency was addressed by the tribunal in an ad hoc protocol on confidentiality and transparency. Information in relation to that case is accordingly published on the website of the arbitral institution handling the case, and may be found on the website of the Permanent Court of Arbitration at The Hague: https://pca-cpa.org/en/cases/204/
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: United States - Peru Trade Promotion Agreement signed on April 12, 2006
Economic sector: Mining and quarrying
Dispute status: Pending
Remarks:The Rules on Transparency apply by agreement of the parties with certain modifications (see Procedural Order Number 1, para 10.1). Information about this case is published on the website of the PCA, being the arbitral institution handling this case and the repository of choice of the parties. https://pca-cpa.org/en/cases/235/
Applicable arbitration rules: UNCITRAL Arbitration Rules
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: BIT United States of America - Slovak Republic, dated 22 October 1991
Economic sector: Mining and quarrying
Dispute status: Pending
Remarks: The Rules on Transparency apply in this case by agreement of the disputing parties (see article 1(2)(a) of the Transparency Rules) and as adjusted to ICSID proceedings. The arbitral institution handling the case was designated as the repository. Information may be found on the website of ICSID, case No. ARB/21/51.
Applicable arbitration rules: Rules of Procedure for Arbitration Proceedings of the International Centre for Settlement of Investment Disputes (ICSID)
Attached documents: None
Treaty: Canada and the Union of Soviet Socialist Republics for the Promotion and Reciprocal Protection of Investments Agreement
Economic sector: Transportation and Storage
Dispute status: Pending
Remarks: In Procedural Order No.2, the Tribunal established rules on confidentiality and publication of documents and information. These rules include similar elements as those provided in the Rules on Transparency. Information in relation to that case is accordingly published on the website of the arbitral institution handling the case, and may be found on the website of the Permanent Court of Arbitration at The Hague. PCA Case No.2025-09.
Applicable arbitration rules: UNCITRAL Arbitration Rules 1976
Attached documents: None
Treaty: Belarus-Lithuania BIT, dated 5 March 1999
Economic sector: Transportation and Storage
Dispute status: Pending
Remarks: The Tribunal in Procedure Order No. 5 established a transparency regime, with elements from the Rules on Transparency. Information in relation to that case is accordingly published on the website of the arbitral institution handling the case, and may be found on the website of the Permanent Court of Arbitration at The Hague. PCA Case No. 2024-03
Applicable arbitration rules: UNCITRAL Arbitration Rules 1976
Attached documents: None
Treaty: United States – Colombia Trade Promotion Agreement (TPA), signed November 22, 2006
Economic sector: Other
Dispute status: Pending
Remarks: The Rules on Transparency apply in that case by agreement of the disputing parties (see article 1(2)(a) of the Transparency Rules). Information in relation to that case is published by agreement of the disputing parties on the website of the arbitral institution handling the case and may be found on the website of the Permanent Court of Arbitration at The Hague. (PCA Case No.2023-37).
Applicable arbitration rules: UNCITRAL Arbitration Rules
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: Convention entre le Gouvemement de la République Française et le Gouvernement de I’Île Maurice sur la protection des investissements signée à Port Louis le 22 mars 1973
Economic sector: Other
Dispute status: Pending
Remarks: The Rules on Transparency apply by agreement of the parties (see Terms of Appointment, paras. 15, 57). Information about this case is also published on the website of the PCA, being the arbitral institution handling this case.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents:
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
| Doutremepuich_v_Mauritius-01.pdf | Notification et requête d'arbitrage | Notice of arbitration | Français | 2018-03-30 |
| Doutremepuich_v_Mauritius-02.pdf | Response to the Notice of Arbitration | Other document | English | 2018-04-30 |
| Doutremepuich_v_Mauritius-03.PDF | Soumission des Demandeurs sur la langue et le siège de l'arbitrage | Other document | Français | 2018-07-12 |
| Doutremepuich_v_Mauritius-04.PDF | Submission by respondent on place of arbitration and language of the proceedings | Other document | English | 2018-07-12 |
| Doutremepuich_v_Mauritius-05.pdf | Observations des Demandeurs sur la langue et le siege de I' arbitrage | Other document | Français | 2018-07-20 |
| Doutremepuich_v_Mauritius-06.pdf | Submission by Respondent on place of arbitration and language of the proceedings | Other document | English | 2018-07-20 |
| Doutremepuich_v_Mauritius-07.pdf | Terms of Appointment | Other document | English | 2018-08-09 |
| Doutremepuich_v_Mauritius-08.pdf | Procedural Order No. 1, Place and Language of the Arbitration | Other decision | English | 2018-08-16 |
| Doutremepuich_v_Mauritius-09.pdf | Procedural Order No. 2, Procedural Rules and Timetable | Other decision | English | 2018-09-14 |
| Doutremepuich_v_Mauritius-10.pdf | Memorial on Jurisdiction by Respondent | Statement of Defence | English | 2018-11-23 |
| Doutremepuich_v_Mauritius-11.pdf | Mémoire des Demandeurs sur la competence | Other document | Français | 2019-02-01 |
| Doutremepuich_v_Mauritius-12.pdf | Respondent's Reply on Jurisdiction | Other document | English | 2019-03-29 |
| Doutremepuich_v_Mauritius-13.pdf | Procedural Order No. 4, Hearing Organization | Other decision | English | 2019-06-05 |
| Doutremepuich_v_Mauritius-14.pdf | Les investissements réalisés par les Demandeurs à Maurice, présentation des Demandeurs faite à l'audience des 12 et 13 juin 2019 | Other document | Français | 2019-06-12 |
| Doutremepuich_v_Mauritius-15.pdf | Respondent's Opening Statement (PPT) | Other document | English | 2019-06-12 |
| Doutremepuich_v_Mauritius-16.pdf | Hearing Transcript 12 June 2019 | Hearing transcript | English | 2019-06-12 |
| Doutremepuich_v_Mauritius-17.pdf | Claimant's Presentation (PPT) | Other document | Français | 2019-06-13 |
| Doutremepuich_v_Mauritius-18.pdf | Respondent's Closing Statement (PPT) | Other document | English | 2019-06-13 |
| Doutremepuich_v_Mauritius-19.pdf | Hearing Transcipt 13 June 2019 | Hearing transcript | English | 2019-06-13 |
| Doutremepuich_v_Mauritius-20.pdf | Mémoire des demandeurs sur les coûts | Additional written submissions | Français | 2019-07-24 |
| Doutremepuich_v_Mauritius-21.pdf | Respondent's cost submission | Additional written submissions | English | 2019-07-24 |
| Doutremepuich_v_Mauritius-22.pdf | Respondent’s Reply on Cost Submission | Additional written submissions | English | 2019-07-31 |
| Doutremepuich_v_Mauritius-23.pdf | Award on Jurisdiction | Award | English | 2019-08-23 |
| Doutremepuich_v_Mauritius-24.pdf | Correction of the Award on Jurisdiction | Other decision | English | 2019-10-03 |
Treaty: Dominican Republic-Central America-United States Free Trade Agreement, signed August 5, 2004
Economic sector: Real estate activities
Dispute status: Concluded with award
Remarks: Transparency was addressed by the tribunal in a procedural order. Information in relation to that case is accordingly published on the website of the arbitral institution handling the case, and may be found on the website of the Permanent Court of Arbitration at The Hague: https://pca-cpa.org/en/cases/143/
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents: None
Treaty: Canada and the Union of Soviet Socialist Republics for the Promotion and Reciprocal Protection of Investments Agreement
Economic sector: Transportation and Storage
Economic sector: Transportation and Storage
Dispute status: Pending
Remarks: In Procedural Order No.2, the Tribunal established rules on confidentiality and publication of documents and information. These rules include similar elements as those provided in the Rules on Transparency. Information in relation to that case is accordingly published on the website of the arbitral institution handling the case, and may be found on the website of the Permanent Court of Arbitration at The Hague. PCA Case No.2025-09
Applicable arbitration rules: UNCITRAL Arbitration Rules 1976
Attached documents: None
Treaty: North American Free Trade Agreement (NAFTA), Chapter 11
Economic sector: Water supply; sewerage, waste management and remediation activities
Dispute status: Concluded with award
Remarks: This case is reproduced pursuant to a proposal by the Government of Canada to publish on the Registry web page information in respect of cases brought against Canada under Chapter 11 of the North American Free Trade Agreement (NAFTA), with a view to illustrating the educational role played by the Registry as a global reference on transparency in treaty-based investor-State arbitration (see UNCITRAL Report, A/69/17, para. 108). Information published originates, and is reproduced here as received, from the archived content of the website of the Government of Canada, and the format may not allow usage of the search text function.
Applicable arbitration rules: UNCITRAL Arbitration Rules
Attached documents:
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
| myers-01.pdf | Notice of Intent | Other document | English | 1998-07-21 |
| myers-02.pdf | Notice of Arbitration | Notice of arbitration | English | 1998-10-30 |
| myers-03.pdf | Statement of Claim | Statement of Claim | English | 1998-10-30 |
| myers-04.pdf | Statement of Defence | Statement of Defence | English | 1999-06-18 |
| myers-05.pdf | S.D. Myers Reply | Additional written submissions | English | 1999-07-20 |
| myers-06.pdf | Memorial of S.D. Myers | Additional written submissions | English | 1999-07-20 |
| myers-07.pdf | Counter-Memorial of Canada | Additional written submissions | English | 1999-10-05 |
| myers-08.pdf | Supplemental Memorial of S.D. Myers | Additional written submissions | English | 1999-12-15 |
| myers-09.pdf | Supplementary Memorial of Canada | Additional written submissions | English | 1999-12-15 |
| myers-10.pdf | Procedural Orders | Other decision | English | |
| myers-11.pdf | Memorandum on U.S. Law on Behalf of Canada | Submissions by non-disputing party | English | 2000-01-14 |
| myers-12.pdf | S.D. Myers Reply to Canada's Supplemental Memorial | Additional written submissions | English | 2000-01-24 |
| myers-13.pdf | Canada's Reply to Supplemental Memorial of S.D. Myers | Additional written submissions | English | 2000-01-24 |
| myers-14.pdf | S D Myers Reply to 1128 Submission of Mexico | Additional written submissions | English | 2000-01-28 |
| myers-15.pdf | Reply Memorandum of S.D. Myers on US Law Issues | Additional written submissions | English | 2000-02-07 |
| myers-16.pdf | Tribunal Amendment to Procedural Order No. 5 | Other decision | English | 2000-04-02 |
| myers-17.pdf | Procedural Order No. 16 | Other decision | English | 2000-05-13 |
| myers-18.pdf | Partial Award | Award | English | 2000-11-13 |
| myers-19.pdf | Separate Opinion by Dr. Bryan Schwartz | Other document | English | 2000-11-12 |
| myers-20.pdf | S.D. Myers Summary on Damages | Additional written submissions | English | 2001-01-16 |
| myers-21.pdf | Application for a Stay of the Arbitral Proceedings | Additional written submissions | English | 2001-02-15 |
| myers-24.pdf | S.D. Myers Response to Canada's Submission Stay of Arbitration | Additional written submissions | English | 2001-02-16 |
| myers-23.pdf | Procedural Orders Nos. 17 and 18 | Other decision | English | 2001-02-26 |
| myers-25.pdf | Counter-Memorial of Canada (Damages Phase) | Additional written submissions | English | 2001-06-07 |
| myers-26.pdf | Procedural Order No. 19 | Other decision | English | 2001-06-25 |
| myers-28.pdf | Procedural Order No. 20 | Other decision | English | 2001-08-25 |
| myers-29.pdf | Rejoinder Memorial of Canada Damages Phase | Additional written submissions | English | 2001-08-31 |
| myers-31.pdf | U.S. 1128 Submission (Damages Phase) | Submissions by non-disputing party | English | 2001-09-18 |
| myers-32.pdf | Second Partial Award (Damages) | Award | English | 2002-10-21 |
| myers-34.pdf | Canada Memorial on Costs | Additional written submissions | English | 2002-11-04 |
| myers-35.pdf | Procedural Order No. 21 | Other decision | English | 2002-12-02 |
| myers-36.pdf | Final Award (concerning the apportionment of costs) | Award | English | 2002-12-30 |
| myers-37.pdf | Separate Opinion by Dr. Bryan Schwartz | Other document | English | 2002-12-30 |