Arbitral Digest

Matter

Mercer International, Inc. v. Canada (ICSID Case No. ARB(AF)/12/3)

Case no.
ARB(AF)/12/3
Applicable rules
ICSID Arbitration (Additional Facility) Rules
  1. 24 January 2013Arbitration

    24 January 2013Arbitration

    Procedural Order No. 1 dated 24 January 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal confirmed its constitution and the administration of the arbitration by ICSID, recorded the parties' representatives, and set the procedural framework and timetable.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 5 days later · 95 days

  2. 29 April 2013Arbitration

    29 April 2013Arbitration

    Procedural Order No. 2 dated 29 April 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered Canada to produce documents in accordance with the parties' joint correspondence concerning documents held by British Columbia Hydro and Power Authority.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 9 days later · 39 days

  3. 7 June 2013Arbitration

    7 June 2013Arbitration

    Procedural Order No. 3 dated 7 June 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered Canada to produce documents in accordance with the parties' joint correspondence concerning documents held by British Columbia Hydro and Power Authority.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 12 days later · 195 days

  4. 19 December 2013Arbitration

    19 December 2013Arbitration

    Procedural Order No. 4 dated 19 December 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal replaced the original procedural schedule with the schedule attached to the parties' correspondence and ordered the parties to follow the stated process for filing redacted case materials.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 20 days later · 82 days

  5. 11 March 2014Arbitration

    11 March 2014Arbitration

    Procedural Order No. 5 dated 11 March 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal replaced the procedural schedule in Procedural Order No. 4 with the schedule attached to the parties' correspondence.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 7 days later · 191 days

  6. 18 September 2014Arbitration

    18 September 2014Arbitration

    Procedural Order No. 6 dated 18 September 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal replaced the procedural schedule in Procedural Order No. 5 with the schedule attached to the parties' correspondence.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 13 days later · 74 days

  7. 1 December 2014Arbitration

    1 December 2014Arbitration

    Procedural Order No. 7 dated 1 December 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal replaced the procedural schedule in Procedural Order No. 6 with the schedule attached to the parties' correspondence.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 17 days later · 199 days

  8. 18 June 2015Arbitration

    18 June 2015Arbitration

    Procedural Order No. 8 dated 18 June 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed Canada's application concerning James McLaren, permitted specified redactions to Exhibit R-531, and issued directions for the hearing procedure and timetable.

    Supporting details

    International Centre for Settlement of Investment Disputes

    25 days later · 25 days

  9. 13 July 2015Arbitration

    13 July 2015Arbitration

    Procedural Order No. 9 dated 13 July 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted Canada's request to file 14 new exhibits, permitted specified testimony by Michael W. MacDougall and Robert Friesen, and issued further directions for the hearing schedule and examination of witnesses and experts.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 5 days later · 128 days

  10. 18 November 2015Arbitration

    18 November 2015Arbitration

    Procedural Order No. 10 dated 18 November 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal permitted post-hearing written submissions, permitted full submissions on costs, and permitted Canada to submit five new documents subject to response opportunities and deadlines.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 21 days later · 142 days

  11. 8 April 2016Arbitration

    8 April 2016Arbitration

    Procedural Order No. 11 dated 8 April 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Claimant's application for a procedural meeting concerning redactions to the hearing transcript while keeping the issue under review.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 10 months and 26 days later · 697 days

  12. 6 March 2018Arbitration

    6 March 2018Arbitration

    Award dated 6 March 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declared that it had jurisdiction over specified claims, upheld the Respondent's remaining jurisdictional objections, and dismissed the Claimant's merits, compensation, and interest claims. It ordered Mercer International, Inc. to pay Canada CAN$9,000,000.00 in legal costs, with each party bearing its own arbitration costs.

    Supporting details

    6 participants
    Mercer International Inc.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    V. V. Veeder
    Arbitrator
    Zachary Douglas
    Tribunal secretary
    Alicia Martin Blanco

    9 months and 4 days later · 279 days

  13. 10 December 2018Arbitration

    10 December 2018Arbitration

    Supplementary Decision dated 10 December 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Claimant's Request for a supplementary decision. It ordered each party to bear its own costs of the supplementary-decision proceeding and the parties to bear ICSID's administrative fees and expenses in equal shares.

    Supporting details

    1 authority · 5 participants
    Mercer International Inc.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    V. V. Veeder
    Arbitrator
    Zachary Douglas
    Tribunal secretary
    Alicia Martin Blanco

    Authorities cited

    1
    • ICSID Arbitration (Additional Facility) Rules
      rules

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Mercer International, Inc. v. Canada (ICSID Case No. ARB(AF)/12/3) · Matter