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

Procedural record

1. 24 November 2015Arbitration

   24 November 2015Arbitration

   Procedural Order No. 1

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal established the procedural framework for the arbitration, including representation, the place of proceeding, pleadings, evidence, hearings, confidentiality, and costs.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   2

   • North American Free Trade Agreement (NAFTA)
     treaty
   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
     treaty
2. 24 November 2015Arbitration

   24 November 2015Arbitration

   Procedural Order No. 2 on Confidentiality

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal established rules governing the designation, protection, disclosure, and use of confidential information in the arbitration.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   1

   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
     treaty

   2 months and 17 days later · 78 days

3. 10 February 2016Arbitration

   10 February 2016Arbitration

   Procedural Order No. 3 on the Production of Documents

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal decided the Claimant's document-production requests in the Redfern Schedule and ordered Canada to produce specified documents by February 24, 2016.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   1

   • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
     rules

   3 months and 8 days later · 98 days

4. 18 May 2016Arbitration

   18 May 2016Arbitration

   Procedural Order No. 4

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal decided the Respondent's document-production requests and the parties' requests concerning redactions in the Redfern Schedule incorporated as Annex A.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   1

   • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
     rules

   3 months and 1 day later · 93 days

5. 19 August 2016Arbitration

   19 August 2016Arbitration

   Procedural Order No. 5

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal decided the Claimant's document-production requests and ordered Canada to produce specified documents by September 2, 2016.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   1

   • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
     rules

   1 month and 15 days later · 46 days

6. 4 October 2016Arbitration

   4 October 2016Arbitration

   Procedural Order No. 6

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal decided the Claimant's requests for redactions in Canada's Counter-Memorial and noted the parties' agreements on other redactions.

   Participants

   International Centre for Settlement of Investment Disputes

   1 month and 13 days later · 44 days

7. 17 November 2016Arbitration

   17 November 2016Arbitration

   Procedural Order No. 7

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal decided Canada's additional document-production requests following the Claimant's Reply Memorial and set the production timetable.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   1

   • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
     rules

   7 months and 4 days later · 216 days

8. 21 June 2017Arbitration

   21 June 2017Arbitration

   Procedural Order No. 8: Organization of the Hearing

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal organized the July 2017 hearing, including its schedule, allocation of hearing time, oral arguments, witnesses and experts, hearing materials, transparency, records, and post-hearing matters.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   1

   • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
     rules

   1 year and 22 days later · 387 days

9. 13 July 2018Arbitration

   13 July 2018Arbitration

   Decision on Jurisdiction and Admissibility

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal rejected Canada's arguments that Mobil's claim was barred by NAFTA Articles 1116(2) and 1117(2) or by res judicata. It directed post-hearing briefing on the remaining questions and reserved costs for the final award.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   4

   • North American Free Trade Agreement (NAFTA)
     treaty
   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
     treaty
   • Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada Decision on Liability and on Principles of Quantum (ICSID Case No. ARB(AF)/07/4, Decision on Liability and on Principles of Quantum, 22 May 2012)
     case law
   • Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada Award (ICSID Case No. ARB(AF)/07/4, Award, 20 February 2015)
     case law

   4 months and 28 days later · 151 days

10. 11 December 2018Arbitration

    11 December 2018Arbitration

    Procedural Order No. 9: Decision on Scope of Damages Phase

    International Centre for Settlement of Investment Disputes

    Decision summary

    The Tribunal permitted Mobil to amend its case to claim damages incurred after January 1, 2016 and alleged future losses, admitted fresh evidence from both parties, and invited agreement on a pleading schedule.

    Participants

    International Centre for Settlement of Investment Disputes

    Authorities cited

    3

    • North American Free Trade Agreement (NAFTA)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty
    • Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada Decision on Liability and on Principles of Quantum (ICSID Case No. ARB(AF)/07/4, Decision on Liability and on Principles of Quantum, 22 May 2012)
      case law

    1 year, 1 month and 24 days later · 420 days

11. 4 February 2020Arbitration

    4 February 2020Arbitration

    Consent Award

    International Centre for Settlement of Investment Disputes

    Decision summary

    The Tribunal recorded the Parties' Settlement Agreement as a Consent Award. Mobil withdrew its Request for Arbitration and Notice of Intent, released Canada from the claim, and waived specified related claims. Mobil received a C$35 million credit against research and development obligations; each Party bears its own legal costs and expenses, and the Parties share equally the fees and expenses of the Tribunal and ICSID. The settlement is not an admission of liability.

    Participants

    International Centre for Settlement of Investment Disputes

    Authorities cited

    4

    • North American Free Trade Agreement (NAFTA)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty
    • Canada-Newfoundland and Labrador Atlantic Accord Implementation Act
      statute
    • Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act
      statute