Share this page on: Close. Mining and quarrying, including hydrocarbons (oil and gas), See case mapped in Subject Navigator on Investor-State LawGuide, Procedural Order No. The ISDS Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. When the relevant case documentation is not publicly available, information about breaches alleged may be obtained from other public sources that are deemed reliable. • an international arbitration between an investor and a State; where the arbitral tribunal determines procedural rules, are marked “None (ad hoc)”. It requires policymakers, negotiators, civil society and other stakeholders to be well informed about foreign direct investment, international investment agreements (IIAs) and their impact on sustainable development. Follow-on (post-award) proceedings On 10 January 2019, the Tribunal of Bilcon v.Canada rendered its Award on Damages, following its Award on Jurisdiction and Liability rendered in 2015. These are individuals who serve as members of the arbitral tribunal adjudicating the dispute (arbitrators). M8AA-UB5D: Clayton/Bilcon v. Canada – Investment Treaty News Item Preview • The Navigator only records treaty-based disputes or treaty-based aspects of "mixed" disputes. official documents relating to the case and information provided by the administering institutions) are the main and preferred source of information. As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive. • Intergovernmental consensus-building: exchanging and sharing best practices and experience with the view to fostering global investment governance. UNCITRAL Arbitration Rules), the parties may request any arbitral institution to administer their case (e.g. (forthcoming 2020). 2009-04 Type d'affaire : Investisseur-État. Proceedings that are not subject to any existing set of arbitral rules, i.e. The January 10, 2019 award in the case of Clayton & Bilcon v. Canada was released today following redaction of certain confidential information by the parties. Bilcon of Delaware et al v. Government of Canada Government of Canada The PCA is providing administrative support in this arbitration, which is being conducted under Chapter Eleven of the North American Free Trade Agreement (NAFTA). It makes available not only the main arbitral decisions, but also procedural orders, parties’ submissions, expert opinions and other types of documents. 15, October 17, 2012, at ¶45 (Investor’s Schedule of Legal Authorities at CL-348); Bilcon v. Canada,, UNCITRAL, Letter from Tribunal to Parties, March 28, 2013 (Investor’s Schedule of Legal Authorities at CL-349). 2009-04. Bilcon, a U.S. based construction materials company, brought a NAFTA claim in 2008 challenging gross In 1975, I joined the United Nations Economic Commission for Europe Secretariat in Geneva as an Environmental Affairs Officer. The basic story in Bilcon is this: a company sought to develop a mining and marine terminal project in Canada, but it had to obtain approval from provincial and federal authorities. Claims concerning expropriation are classified as “direct” or “indirect” according to the characterisation made by the claimant and/or the tribunal. By Judith Lavoie, October 2015 . Pr. //-->. Bilcon of Delaware et al v. Government of Canada, PCA Case No. RESOL. Statut de l'affaire : Décidée en faveur de l'investisseur. Investment Policy Monitor No. The full case name is recorded as it appears in the official case documents and as it is registered at the administering institution if applicable (listing the claimants in alphabetical order). Information about breaches found is primarily derived from the arbitral decisions. • Pending: the arbitration proceedings are pending. m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m) Applicable IIA By a two-to-one vote, a Permanent Court of Arbitration tribunal ruled in 2015 that Canada's environmental assessment was unfair to Bilcon. In Bilcon et al. Follow the latest developments in investment policies around the world. For proceedings that end in a settlement, the amount of compensation that the State agreed to pay to the claimant under the terms of settlement (if known) is recorded in this section. In any event, leaving aside the disagreement between the members of the tribunal as to the manner in which the JRP conducted its assessment, Bilcon of Delaware Inc. et al v. Canada confirms that host State representations, assurances or promises aimed at persuading a specific investor to make an investment commitment may give rise to reasonable expectations that can result in, or at least serve … SCC or ICC), the relevant institution administers that case. These are the arbitral rules in accordance with which the proceedings are conducted. In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. Composition of tribunal This is the institution that provides administrative support for the arbitral proceedings. Simon Lester already blogged this morning about the NAFTA investor-state award in Bilcon v.Canada, focusing on one particular issue concerning National Treatment. is added to the name of each subsequent case. 6. This article is reprinted from Volume 35, Issue 3, of the Ohio State Journal on Dispute Resolution. Close, But No Cigar: Bilcon Tribunal Rejects Claim on Grounds of Failure to Establish Causation. These may include links to websites of arbitral/administering institutions, governments, international organisations, specialised reporting services (including subscription-based), media and other resources. The list of currencies in the Navigator follows the International Organization for Standardization (ISO) 4217 code list. The arbitration, Bilcon v. Canada, arose after a proposed quarry in Nova Scotia was rejected by Ministers on the basis of a recommendation by a joint federal-provincial environmental assessment panel. An objective evaluation of a country’s legal, regulatory and institutional framework to attract direct investments. • PCA: Permanent Court of Arbitration Proceedings may also be conducted without being administered by any institution. While every effort is made to keep the information up to date and complete, the material is provided without any guarantees or warranties as to its accuracy or completeness. as a result of resignation, disqualification or passing away), the names of both the previous and subsequent arbitrator are recorded. [CDATA[// >
