Arbitral Digest

Matter

Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada (ICSID Case No. ARB/20/52)

Case no.
ARB/20/52
Applicable rules
ICSID Convention - Arbitration Rules
  1. 29 June 2021Arbitration

    29 June 2021Arbitration

    Procedural Order No. 1 dated 29 June 2021

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the applicable 2006 ICSID Arbitration Rules, recorded the constitution of the Tribunal and the procedural framework, and designated Washington, D.C. as the place of the proceeding.

    Supporting details

    3 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Eduardo Zuleta

    3 months and 8 days later · 100 days

  2. 7 October 2021Arbitration

    7 October 2021Arbitration

    Confidentiality Order dated 7 October 2021

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal approved procedures for designating, protecting, challenging, and disclosing confidential information in the arbitration.

    Supporting details

    4 participants
    Koch Industries, Inc.
    Koch Supply & Trading, LP
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Eduardo Zuleta

    6 months and 5 days later · 187 days

  3. 12 April 2022Arbitration

    12 April 2022Arbitration

    Procedural Order No. 2 dated 12 April 2022

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Claimants' Request to Produce No. 10, granted Request No. 12 as narrowed, denied the Respondents' Requests Nos. 3, 4, 6, 25, 32, 33, and 51, and granted Request No. 36 as narrowed.

    Supporting details

    3 participants
    Koch Industries, Inc.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Eduardo Zuleta

    7 months and 7 days later · 221 days

  4. 19 November 2022Arbitration

    19 November 2022Arbitration

    Procedural Order No. 3 dated 19 November 2022

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal adopted the hearing schedule and procedures, including equal allocation of hearing time between the Parties and a hearing from 5 to 8 December 2022.

    Supporting details

    4 participants
    United States of America
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Eduardo Zuleta

    15 days later · 15 days

  5. 4 December 2022Arbitration

    4 December 2022Arbitration

    Procedural Order No. 4 dated 4 December 2022

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal allowed the United States to make an oral submission of no more than 15 minutes before the Parties' openings and permitted the Parties to comment orally during the hearing or, after consultation, in writing afterward.

    Supporting details

    2 participants
    United States
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Eduardo Zuleta

    1 year, 3 months and 9 days later · 465 days

  6. 13 March 2024Arbitration

    13 March 2024Arbitration

    Award dated 13 March 2024

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal held that it lacked jurisdiction over the claims brought by Koch Industries, Inc. and Koch Supply & Trading, LP against Canada. Each Party was ordered to bear its own costs, fees, and expenses, the costs of arbitration were shared equally, and all other requests for relief were rejected.

    Supporting details

    5 authorities · 8 participants
    Koch Industries, Inc.
    Representative
    Steptoe & Johnson, London, U.K. (For: Koch Industries, Inc. · Koch Supply & Trading, LP)
    Koch Supply & Trading, LP
    Representative
    Steptoe & Johnson, London, U.K. (For: Koch Industries, Inc. · Koch Supply & Trading, LP)
    Canada
    Representative
    Trade Law Bureau, Ottawa, Canada (For: Canada)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Eduardo Zuleta

    Authorities cited

    5
    • North American Free Trade Agreement, 1994
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 1965)
      statute
    • Postova banka, a.s. and ISTROKAPITAL SE v. Hellenic Republic (ICSID Case No. ARB/13/8, Award, 9 April 2015)
      case-law
    • Bayview Irrigation District v. Mexico (ICSID Case No. ARB(AF)/05/1, Award on Jurisdiction, 19 June 2007)
      case-law
    • Global Trading Resource Corp. and Globex International, Inc. v. Ukraine (ICSID Case No. ARB/09/11, Award, 1 December 2010)
      case-law

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Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada (ICSID Case No. ARB/20/52) · Matter