Windstream Energy LLC (USA) v. The Government of Canada

The PCA provides administrative support in this arbitration, which is being conducted under Annex 14-C of the Canada-United States-Mexico Agreement, Chapter Eleven of the North American Free Trade Agreement and the 2013 UNCITRAL Arbitration Rules.

Case information

Name(s) of Claimant(s) Windstream Energy LLC (Private entity )
Name(s) of Respondent(s) The Government of Canada (State)
Names of Parties -
Case number 2021-26
Administering institution Permanent Court of Arbitration (PCA)
Case status Pending
Type of case Investment arbitration
Subject matter or economic sector Electricity/Power
Procedural rules UNCITRAL Arbitration Rules 2013
Treaty or contract under which proceedings were commenced

Multilateral treaty

Multilateral treaty
Annex 14-C of the Canada-United States-Mexico Agreement

Language of Proceeding English
Seat of Arbitration (by Country) Canada
Arbitrator(s), Conciliator(s), Other Neutral(s)

Ms. Wendy Miles KC (Presiding Arbitrator)

Professor John Gotanda

The Right Honourable Beverley McLachlin

Representatives of the Claimant(s)

Mr. John Terry

Ms. Rachael Saab

Ms. Emily Sherkey

Mr. Jake Babad


Representatives of the Respondent(s)

Mr. Rodney Neufeld

Ms. Heather Squires

Mr. Azeem Manghat

Ms. Catherine Menard

Ms. Kayla McMullen

Ms. Eliza Van Wingerden



Representatives of the Parties
Number of Arbitrators in case 3
Date of commencement of proceeding 22 December 2020
Date of issue of final award -
Length of Proceedings Pending
Additional notes -


Written submission
Claimant - Expert Reports
Claimant - Witness Statements
Reply Memorial of the Claimant
Memorial of the Claimant
Canada's Counter-Memorial on Jurisdiction Merits and Damages (Public Version)
Canada's Counter-Memorial - Expert Report of Jérôme Guillet (Public Version)
Canada's Rejoinder Memorial (Public Version)
Canada's Rejoinder Memorial - Witness Statement of Andrew Teliszewsky (Public Version)
Procedural Documents
Procedural Order No. 1
Procedural Order No. 2 (Decision on Bifurcation)
Procedural Order No. 3 (Procedural Calendar)
Procedural Order No. 4 (Document Production)
Press Release
Press Release - PCA Case No. 2021-26 Windstream Energy LLC (USA) v. Government of Canada - Public Oral Hearing
Hearing Transcript - Day 1
Hearing Transcript - Day 2
Hearing Transcript - Day 3
Hearing Transcript - Day 4
Hearing Transcript - Day 5