Matter
United Parcel Service of America Inc. v. Canada (ICSID Case No. UNCT/02/1)
- 17 April 2001United States
17 April 2001United States
Procedural Decision No. 1 dated 17 April 2001
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal required further submissions on the place of arbitration and the filing of a statement of defence, and addressed administrative services, confidentiality, document delivery, non-disputing NAFTA party participation, and petitions for intervention.
Supporting details
International Centre for Settlement of Investment Disputes
- 17 April 2001United States
17 April 2001United States
Procedural Decision No. 2 dated 17 April 2001
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal directed the Canadian Union of Postal Workers and the Council of Canadians to file briefs on their request for intervention, with replies by the parties; the briefs could also address amicus briefs.
Supporting details
International Centre for Settlement of Investment Disputes
6 months later · 183 days
- 17 October 2001United States
17 October 2001United States
Decision of the Tribunal on Petitions for Intervention and Participation as Amici Curiae dated 17 October 2001
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal rejected the petitions to add the Canadian Union of Postal Workers and the Council of Canadians as parties, declared that it had power to accept written amicus briefs, and would consider receiving them at the merits stage subject to consultation and conditions.
Supporting details
International Centre for Settlement of Investment Disputes
- 17 October 2001United States
17 October 2001United States
Decision of the Tribunal on the Filing of a Statement of Defence dated 17 October 2001
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal directed that Canada's jurisdictional notice of motion be addressed before the statement of defence and required the parties to make representations on the schedule for submissions and argument.
Supporting details
International Centre for Settlement of Investment Disputes
- 17 October 2001United States
17 October 2001United States
Decision of the Tribunal on the Place of Arbitration dated 17 October 2001
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal decided that the place of arbitration would be Washington, DC, United States of America.
Supporting details
International Centre for Settlement of Investment Disputes
1 year, 1 month and 5 days later · 401 days
- 22 November 2002United States
22 November 2002United States
Award on Jurisdiction dated 22 November 2002
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal upheld Canada's jurisdictional challenge in part, struck specified claims and related allegations, joined specified issues to the merits, dismissed other jurisdictional challenges, dismissed the challenge to the adequacy of the amended statement of claim, and ordered the parties to bear their own costs of that phase.
Supporting details
1 authorityInternational Centre for Settlement of Investment Disputes
4 months and 13 days later · 133 days
- 4 April 2003United States
4 April 2003United States
Procedural Directions and Confidentiality Order dated 4 April 2003
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal issued procedural directions for the arbitration and a confidentiality order governing confidential and restricted-access material.
Supporting details
International Centre for Settlement of Investment Disputes
- 4 April 2003United States
4 April 2003United States
Procedural Directions for Amicus Submissions dated 4 April 2003
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal maintained its earlier decision on written amicus briefs, limited them to written submissions without adducing evidence, and set procedural conditions including access restrictions and rights of response.
Supporting details
International Centre for Settlement of Investment Disputes
3 months and 28 days later · 119 days
- 1 August 2003United States
1 August 2003United States
Direction of the Tribunal on the Participation of Amici Curiae dated 1 August 2003
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal directed the parties on document production and interrogatories, required Canada to produce relevant documents notwithstanding alleged jurisdictional issues, and reserved further decisions on document production.
Supporting details
International Centre for Settlement of Investment Disputes
10 months and 20 days later · 325 days
- 21 June 2004United States
21 June 2004United States
Decisions of the Tribunal Relating to Document Production and Interrogatories dated 21 June 2004
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal dismissed Canada's application concerning the investor's refusal to produce certain documents, made no further order at that stage concerning restricted documents, and directed Canada to submit more specific factual interrogatories that did not require document disclosure.
Supporting details
International Centre for Settlement of Investment Disputes
3 months and 17 days later · 109 days
- 8 October 2004United States
8 October 2004United States
Decision of the Tribunal Relating to Canada's Claim of Cabinet Privilege dated 8 October 2004
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal concluded that Canada's claim to Cabinet privilege was not made out on the record because the required weighing of the public interest in disclosure had not been undertaken. It directed Canada to reconsider the claims by reference to particular public interests and to weigh those interests against disclosure for the arbitration.
Supporting details
International Centre for Settlement of Investment Disputes
5 months and 6 days later · 157 days
- 14 March 2005United States
14 March 2005United States
Procedural Direction of the Tribunal dated 14 March 2005
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal set filing deadlines for the merits phase, accepted the proposed means of production, addressed redaction and confidential information, and directed arrangements for non-disputing parties.
Supporting details
International Centre for Settlement of Investment Disputes
21 days later · 21 days
- 4 April 2005United States
4 April 2005United States
Tribunal Ruling dated 4 April 2005
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal decided that it need take no action at that stage because the United States and Mexico were obliged under NAFTA Article 1129 to treat confidential information as if they were disputing parties and had undertaken to keep identified information confidential.
Supporting details
International Centre for Settlement of Investment Disputes
2 years, 1 month and 20 days later · 780 days
- 24 May 2007United States
24 May 2007United States
Award on the Merits dated 24 May 2007
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal rejected as a whole the claim brought by UPS and ordered the parties to bear the arbitration costs equally and their own costs.
Supporting details
2 authorities · 16 participantsUnited Parcel Service of America Inc
- Representative
- Barry Appleton (For: United Parcel Service of America Inc)
- Representative
- Stanley Wong (For: United Parcel Service of America Inc)
- Representative
- Alan Willis (For: United Parcel Service of America Inc)
- Representative
- Appleton & Associates (For: United Parcel Service of America Inc)
Government of Canada
- Representative
- Robert Wisner (For: Government of Canada)
- Representative
- Ivan G. Whitehall (For: Government of Canada)
- Representative
- Thomas Conway (For: Government of Canada)
- Representative
- Kirsten Hillman (For: Government of Canada)
- Representative
- Sylvie Tabet (For: Government of Canada)
- Representative
- Rodney Neufeld (For: Government of Canada)
International Centre for Settlement of Investment Disputes
- Arbitrator
- Dean Ronald A. Cass
- Arbitrator
- L Yves Fortier
- Arbitrator
- Kenneth Keith
- Tribunal secretary
- Eloise Obadia