Arbitral Digest

Matter

Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada (ICSID Case No. ARB(AF)/07/4)

Case no.
ARB(AF)/07/4
Seat
Canada
Applicable rules
ICSID Arbitration (Additional Facility) Rules of 2006
  1. 7 October 2009Canada

    7 October 2009Canada

    Procedural Order No. 1 concerning the Place of Arbitration dated October 7, 2009

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal selected Toronto, Ontario, Canada as the place of arbitration and invited further submissions on the specific Toronto-based court to be selected.

    Supporting details

    6 participants
    Mobil Investments Canada Inc.
    Murphy Oil Corporation
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Hans van Houtte
    Arbitrator
    Merit E. Janow
    Arbitrator
    Philippe Sands

    29 days later · 29 days

  2. 5 November 2009Canada

    5 November 2009Canada

    Procedural Order No. 2 concerning the Court of the Place of Arbitration dated November 5, 2009

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal confirmed that the Ontario Superior Court of Justice would be the court of the place of arbitration with exclusive jurisdiction over applications concerning the arbitration.

    Supporting details

    4 participants
    Mobil Investments Canada Inc.
    Murphy Oil Corporation
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Hans van Houtte

    2 years, 6 months and 17 days later · 929 days

  3. 22 May 2012Canada

    22 May 2012Canada

    Decision on Liability and on Principles of Quantum dated May 22, 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously found that the adoption and application of the 2004 Guidelines did not violate NAFTA Article 1105 and that the Guidelines were caught by Article 1106. By majority, it found that the Guidelines as applied to the Hibernia and Terra Nova projects were not covered by Canada's Article 1108(1) reservation, violated Article 1106, and gave the Tribunal jurisdiction to consider damages. The Claimants could recover damages for actual loss proved after the Decision; costs and legal fees were reserved for the final Award.

    Supporting details

    6 participants
    Mobil Investments Canada Inc.
    Murphy Oil Corporation
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Hans van Houtte
    Arbitrator
    Merit E. Janow
    Arbitrator
    Philippe Sands

    2 years, 8 months and 29 days later · 1004 days

  4. 20 February 2015Canada

    20 February 2015Canada

    Award dated February 20, 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered Canada to pay Mobil Canada and Murphy Oil compensation for incremental expenditures and shortfall, with interest on the incremental-expenditure compensation. It ordered each side to bear its own legal and other costs and the Arbitration Costs to be shared equally.

    Supporting details

    6 participants
    Mobil Investments Canada Inc.
    Murphy Oil Corporation
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Hans van Houtte
    Arbitrator
    Merit E. Janow
    Arbitrator
    Philippe Sands

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Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada (ICSID Case No. ARB(AF)/07/4) · Matter