Arbitral Digest

Matter

Merrill & Ring Forestry L.P. v. Canada (ICSID Case No. UNCT/07/1)

Case no.
UNCT/07/1
Seat
United States
Applicable rules
UNCITRAL Arbitration Rules
  1. 13 December 2007United States

    13 December 2007United States

    Decision on Place of Arbitration

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal selected Washington, D.C. as the place of arbitration.

    Supporting details

    2 authorities · 2 participants
    Merrill & Ring Forestry L.P.
    Government of Canada
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • UPS v. Canada (Decision on the Place of Arbitration, October 17, 2001)
      case-law
    • Pope & Talbot, Inc. v. Canada (Decision on Cabinet Confidence, September 6, 2000)
      case-law

    1 month and 8 days later · 39 days

  2. 21 January 2008United States

    21 January 2008United States

    Confidentiality Order

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued rules governing confidential information, restricted access, disclosure, and use of material in the proceedings.

    Supporting details

    2 participants
    Merrill & Ring Forestry L.P.
    Government of Canada
    International Centre for Settlement of Investment Disputes
  3. 21 January 2008United States

    21 January 2008United States

    Document Production Order

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the conditions and timetable for document-production requests and addressed evidence concerning witnesses and interrogatories.

    Supporting details

    2 participants
    Merrill & Ring Forestry L.P.
    Government of Canada
    International Centre for Settlement of Investment Disputes

    10 days later · 10 days

  4. 31 January 2008United States

    31 January 2008United States

    Decision on Motion to Add a New Party

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the motion to add Georgia Basin Holdings L.P. as an additional investor because it presented an entirely new claim and would cause serious procedural prejudice and make consolidation inefficient.

    Supporting details

    3 participants
    Merrill & Ring Forestry L.P.
    Government of Canada
    Georgia Basin Holdings L.P.
    International Centre for Settlement of Investment Disputes

    18 days later · 18 days

  5. 18 February 2008United States

    18 February 2008United States

    Amended Confidentiality Order

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued a revised Confidentiality Order after considering Canada's request to reconsider the provision concerning return of material at the conclusion of the proceedings.

    Supporting details

    2 participants
    Merrill & Ring Forestry L.P.
    Government of Canada
    International Centre for Settlement of Investment Disputes

    4 months and 6 days later · 127 days

  6. 24 June 2008United States

    24 June 2008United States

    Order Concerning Requests for Documents and Certain Evidentiary Matters

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal incorporated jointly requested changes concerning grounds for refusing production, confidentiality, and the procedural calendar, and modified the filing schedule.

    Supporting details

    2 participants
    Merrill & Ring Forestry L.P.
    Government of Canada
    International Centre for Settlement of Investment Disputes

    24 days later · 24 days

  7. 18 July 2008United States

    18 July 2008United States

    Decision on Production of Documents

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered production of some requested documents and upheld refusals to produce others, including refusals based on Cabinet privilege, British Columbia government documents, and confidential commercial information.

    Supporting details

    2 participants
    Merrill & Ring Forestry L.P.
    Government of Canada
    International Centre for Settlement of Investment Disputes

    1 month and 16 days later · 47 days

  8. 3 September 2008United States

    3 September 2008United States

    Decision on Production of Documents in Respect of Which Cabinet Privilege Has Been Invoked

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered Canada to produce eight of the nine documents for which Cabinet privilege had been invoked and to designate those documents as confidential.

    Supporting details

    2 participants
    Merrill & Ring Forestry L.P.
    Government of Canada
    International Centre for Settlement of Investment Disputes

    1 year, 6 months and 28 days later · 574 days

  9. 31 March 2010United States

    31 March 2010United States

    Award of the Tribunal

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the claim. The parties were to bear the costs of the arbitration in equal shares, each party was to pay its own costs, and total arbitration costs were fixed at US$959,500.00.

    Supporting details

    2 authorities · 6 participants
    Merrill & Ring Forestry L.P.
    Government of Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Kenneth W. Dam
    Tribunal secretary
    Eloise Obadia

    Authorities cited

    2
    • British Columbia Forest Act (R.S.C.B.C. 1996, c. 157)
      statute
    • Canadian Export and Import Permits Act (R.S. 1985, c. E-19)
      statute

Matter record

Report a correction

Merrill & Ring Forestry L.P. v. Canada (ICSID Case No. UNCT/07/1) · Matter