Arbitral Digest

Matter

Westmoreland Mining Holdings, LLC v. Canada (ICSID Case No. UNCT/20/3)

Case no.
UNCT/20/3
Applicable rules
1976 UNCITRAL Arbitration Rules
  1. 22 April 2020Arbitration

    22 April 2020Arbitration

    Confidentiality Order dated 22 April 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued a confidentiality order establishing procedures for designating, handling, disclosing, and filing confidential and restricted-access information in submissions, transcripts, orders, and awards.

    Supporting details

    5 participants
    Westmoreland Mining Holdings LLC
    Government of Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Juliet Blanch
    Arbitrator
    James Hosking
    Arbitrator
    Zachary Douglas
  2. 22 April 2020Arbitration

    22 April 2020Arbitration

    Procedural Order No. 1 dated 22 April 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued its first procedural order, setting the procedural rules governing the arbitration and recording the parties' representatives and the constitution of the Tribunal.

    Supporting details

    3 authorities · 6 participants
    Westmoreland Mining Holdings LLC
    Government of Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Juliet Blanch
    Arbitrator
    James Hosking
    Arbitrator
    Zachary Douglas
    Tribunal secretary
    Veronica Lavista

    Authorities cited

    3
    • 1976 UNCITRAL Arbitration Rules
      rules
    • IBA Guidelines on Conflicts of Interest in International Arbitration (2014)
      guidelines
    • IBA Rules on the Taking of Evidence in International Arbitration (2010)
      rules

    4 months and 30 days later · 152 days

  3. 21 September 2020Arbitration

    21 September 2020Arbitration

    Procedural Order No. 2 - Hearing Protocol dated 21 September 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued a hearing protocol for the 24 September 2020 bifurcation hearing, including provisions on the remote format, time allocation, exhibits, videoconference security, active participants, transcripts, recordings, and transparency.

    Supporting details

    6 participants
    Westmoreland Mining Holdings LLC
    Government of Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Juliet Blanch
    Arbitrator
    James Hosking
    Arbitrator
    Zachary Douglas
    Tribunal secretary
    Veronica Lavista

    29 days later · 29 days

  4. 20 October 2020Arbitration

    20 October 2020Arbitration

    Procedural Order No. 3 - Decision on Bifurcation dated 20 October 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted Canada's request to bifurcate the proceedings between temporal jurisdictional objections and the merits and all other jurisdictional or admissibility objections. It directed the parties to confer on the timetable and reserved costs for later determination.

    Supporting details

    5 participants
    Westmoreland Mining Holdings LLC
    Government of Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Juliet Blanch
    Arbitrator
    James Hosking
    Arbitrator
    Zachary Douglas

    1 year, 3 months and 11 days later · 468 days

  5. 31 January 2022Arbitration

    31 January 2022Arbitration

    Final Award dated 31 January 2022

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that Westmoreland did not have standing to bring the claim because it was not a protected investor at the time of the alleged breaches, had not made out a prima facie damages claim under NAFTA Articles 1116(1) and 1117(1), and the challenged measures did not relate to Westmoreland or its investment under NAFTA Article 1101(1). The Tribunal dismissed the claim in its entirety, ordered each party to bear its own legal representation costs and disbursements, and ordered the parties to bear the arbitration costs equally.

    Supporting details

    2 authorities · 17 participants
    Westmoreland Mining Holdings LLC
    Representative
    Elliot J. Feldman (For: Westmoreland Mining Holdings LLC)
    Representative
    Paul Levine (For: Westmoreland Mining Holdings LLC)
    Representative
    Michael S. Snarr (For: Westmoreland Mining Holdings LLC)
    Representative
    Alexander Obrecht (For: Westmoreland Mining Holdings LLC)
    Representative
    Analia Gonzalez (For: Westmoreland Mining Holdings LLC)
    Representative
    James J. East, Jr. (For: Westmoreland Mining Holdings LLC)
    Government of Canada
    Representative
    Adam Douglas (For: Government of Canada)
    Representative
    Krista Zeman (For: Government of Canada)
    Representative
    Megan Van den Hof (For: Government of Canada)
    Representative
    Alexandra Dosman (For: Government of Canada)
    Representative
    Mark Klaver (For: Government of Canada)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Juliet Blanch
    Arbitrator
    James Hosking
    Arbitrator
    Zachary Douglas
    Tribunal secretary
    Veronica Lavista

    Authorities cited

    2
    • North American Free Trade Agreement (NAFTA Chapter Eleven)
      statute
    • 1976 UNCITRAL Arbitration Rules
      rules

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Westmoreland Mining Holdings, LLC v. Canada (ICSID Case No. UNCT/20/3) · Matter