Tennant Energy, LLC v. 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).


Case information

Name(s) of Claimant(s)
Name(s) of Respondent(s) -
Names of Parties -
Case number 2018-54
Administering institution Permanent Court of Arbitration (PCA)
Case status Pending
Type of case Investment arbitration
Subject matter or economic sector Electricity/Power
Rules used in arbitral proceedings UNCITRAL Arbitration Rules 1976
Treaty or contract under which proceedings were commenced

[Multilateral treaty]
NAFTA


Language of Proceeding English
Seat of Arbitration (by Country) United States
Arbitrator(s)

Mr. Cavinder Bull SC
Mr. R. Doak Bishop
Sir Daniel Bethlehem QC

Representatives of the Claimant(s)

Mr. Barry Appleton
Appleton & Associates International Lawyers LP


Mr. Edward Mullins
Mr. Ben Love
Reed Smith LLP

Representatives of the Respondent(s)

Ms. Heather Squires
Ms. Lori Di Pierdomenico
Mr. Mark Klaver
Ms. Johannie Dallaire
Ms. Annie Ouellet
Ms. Susanna Kam
Ms. Maria Cristina Harris
Ms. Darian Bakelaar
Mr. Benjamin Tait
Trade Law Bureau (JLT)
Department of Foreign Affairs and International Trade Canada

Representatives of the Parties
Number of Arbitrators in case 3
Date of commencement of proceeding 2017
Date of issue of final award -
Length of Proceedings Pending
Additional notes

 


Documents

Notice of Arbitration
Notice of Arbitration
Written submission
Claimant’s Comments on Section 19 of the FIPPA (redacted)
Claimant's Objections to Respondent's Confidentiality Designations (redacted)
E-mail from the Claimant to the Tribunal regarding Respondent's Confidentiality Designations (redacted)
Letter from the Respondent to the Tribunal regarding its Confidentiality Designations (redacted)
Respondent’s Comments on Section 19 of the FIPPA (redacted)
Respondent's Motion for Targeted Document Production (redacted)
Appendix A: Redfern Schedule for Document Requests (redacted)
E-mail from the Respondent to the Tribunal regarding Public Access to the January 2020 Hearing Video
E-mail from the Respondent to the Tribunal regarding Corrections to the January Hearing Transcript
E-mail from the Claimant to the Tribunal regarding Public Access to the January 2020 Hearing Video
Letter from the Respondent to the Tribunal regarding Decision in Dirk Herzig v. Turkmenistan
E-mail from the Claimant to the Tribunal regarding Decision in Dirk Herzig v. Turkmenistan
E-mail from the Respondent to the Tribunal regarding Decision in Dirk Herzig v. Turkmenistan
Letter from the Respondent to the Tribunal regarding Decision in Dirk Herzig v. Turkmenistan
Letter from the Claimant to the Tribunal regarding Decision in Dirk Herzig v. Turkmenistan
Claimant’s Response to Respondent’s Motion for Targeted Document Production
Claimant’s Motion to Modify Procedural Schedule
E-mail from the Respondent to the Tribunal regarding Claimant’s Motion to Modify Procedural Schedule
Respondent’s Motion for Targeted Document Production (redacted)
Appendix A to Respondent’s Motion for Targeted Document Production (redacted)
E-mail from the Claimant to the Tribunal regarding Modification to the Procedural Schedule
E-mail from the Respondent to the Tribunal regarding Modification to the Procedural Schedule
E-mail from the Respondent to the PCA regarding Publication of Documents on the PCA Website
Deloitte Valuation Report
Letter from the Respondent to the Tribunal regarding Use of Information in Mesa Power Arbitration
Claimant’s Response regarding Use of Information in Mesa Power Arbitration
Witness Statement of Parthenya Taiyanides
Letter from the Respondent to the Tribunal requesting Claimant’s Production of Valuation Data
Letter from the Respondent to the Tribunal regarding Use of Information in Mesa Power Arbitration
Claimant’s Response regarding Respondent’s request for Claimant’s Production of Valuation Data
Claimant’s Rejoinder regarding Use of Information in Mesa Power Arbitration
Letter from the Respondent to the Tribunal regarding its request for Claimant’s Production of Valuation Data
E-mail from the Claimant to the Tribunal (redacted)
Claimant’s Rejoinder to Respondent’s Motion on Valuation Data
Letter from the Claimant to the Tribunal regarding Procedural Calendar (redacted)
E-mail from the Respondent to the Tribunal regarding Modification of Confidentiality Designation Deadlines
Second E-mail from the Respondent to the Tribunal regarding Modification of Confidentiality Designation Deadlines
E-mail from the Claimant to the Tribunal regarding the Parties’ experts’ consultations
E-mail from the Respondent to the Tribunal regarding the Parties’ experts’ consultations
Respondent’s Memorial on Jurisdiction
Respondent’s Renewed Request for Bifurcation
Expert Legal Opinion of Margaret Grignon (CER-2)
Witness Statement of Lucas McCall
Witness Statement of John Tennant (CWS-2)
E-mail from the Claimant to the Tribunal regarding the Parties’ experts’ consultations
Claimant's Response to Respondent's Third Bifurcation Request (redacted)
Witness Statement of Derek Tennant (CWS-3)
E-mail from the Claimant to the Tribunal concerning the Procedural Calendar for the Bifurcated Jurisdictional Phase
Witness Statement of Justin Giovannetti (redacted)
E-mail from the Respondent to the Tribunal concerning the Procedural Calendar for the Bifurcated Jurisdictional Phase
E-mail from the Respondent to the Tribunal requesting Rejoinder Filing Extension
Letter from the Respondent to the Tribunal requesting Determination of Certain Outstanding Confidentiality Designations, with enclosures
E-mail from the Claimant to the Tribunal regarding the Respondent's Rejoinder Filing Extension Request
Letter from the Claimant to the Tribunal in Response to the Respondent's Application of 26 March 2021
Letter from the Respondent to the Tribunal in Reply to the Claimant’s Response to its Application of 26 March 2021, with enclosures
Claimant's Post-Hearing Submission (redacted)
Claimant's Counter-Memorial on Jurisdiction (redacted)
Letter from the Respondent to the Tribunal regarding a New Authority and Re-Application for Security for Costs
E-mail from the Respondent to the Tribunal regarding Publication of Videos of Hearing on Jurisdiction
E-mail from the Claimant to the Tribunal regarding Public Access to the January 2020 Hearing Video (redacted)
Response to Respondent's Renewed Application for Security for Costs and Untimely Admission Request for New Authority
E-mail from the Respondent to the Tribunal regarding Public Access to the January 2020 Hearing Video (redacted)
E-mail from the Respondent to the Tribunal regarding Assertions of Confidentiality (redacted)
Letter from the Claimant to the Tribunal regarding Assertions of Confidentiality (redacted)
E-mail from the Claimant to the Tribunal regarding Assertions of Confidentiality (redacted)
E-mail from the Claimant to the Tribunal regarding Assertions of Confidentiality (redacted)
Letter from the Claimant to the Tribunal in Rejoinder to the Respondent's Application of 26 March 2021
E-mail from the Claimant to the PCA regarding the publication of the videos of the Hearing on Jurisdiction
E-mail from the Respondent to the Tribunal regarding Revisions to the Procedural Calendar for the Bifurcated Jurisdictional Phase
E-mail from the Claimant to the Tribunal regarding Mesa Power’s Consent to Share Non-Confidential Information arising from the Mesa Power Arbitration, with enclosures
E-mail from the Respondent to the PCA regarding the publication of the videos of the Hearing on Jurisdiction
E-mail from the Respondent to the Tribunal requesting Extension for Mesa Power Videos Confidentiality Designations
E-mail from the Respondent to the Tribunal regarding Mesa Power’s Consent to Share Non-Confidential Information arising from the Mesa Power Arbitration
E-mail from the Claimant to the Tribunal regarding Respondent's Extension for Mesa Power Videos Confidentiality Designations
E-mail from the Claimant to the Tribunal regarding the publication of the Videos of the Hearing on Jurisdiction
Respondent's Rejoinder Memorial on Jurisdiction (redacted)
E-mail from the Respondent to the Tribunal regarding the publication of the videos of the Hearing on Jurisdiction
Respondent's Submission on the Final Award Westmoreland Mining Holdings LLC v. Government of Canada (redacted)
Claimant's Post-Hearing Comments on the Wetmoreland Coal Award (redacted)
Claimant's Costs Submission (redacted)
Respondent's Costs Submission (redacted)
Respondent’s Reply to the NAFTA Article 1128 Submissions of the Government of the United States and Mexico
Claimant’s Reply to the NAFTA Article 1128 Submissions of the Government of the United States and Mexico
Letter from the Respondent to the Tribunal regarding Outstanding Confidentiality Issues along with Annex A and Annex B
E-mail from the Claimant to the Tribunal regarding Modification of Confidentiality Designation Deadlines
E-mail from the Claimant to the Tribunal regarding Outstanding Confidentiality Issues
E-mail from the Respondent to the Tribunal regarding the Format of the Hearing
E-mail from the Claimant to the Tribunal regarding the Format of the Hearing
Letter from the Respondent to the Tribunal regarding Submission of the new Legal Authority
E-mail from the Claimant to the Tribunal Notifying Witnesses and Experts called for Cross-examination at the Hearing
E-mail from the Respondent to the Tribunal Notifying Witnesses and Experts called for Cross-examination at the Hearing
E-mail from the Claimant to the Tribunal regarding the Award in MAKAE Europe SARL v. Kingdom of Saudi Arabia
Letter from the United States to the Tribunal regarding Oral Submissions during the Hearing
E-mail from the Respondent to the Tribunal Requesting Extension
E-mail from the Respondent to the Tribunal regarding the Award in MAKAE Europe SARL v. Kingdom of Saudi Arabia
E-mail from the Respondent to the Tribunal regarding Confidentiality Designations in Mesa Power Hearing Videos
E-mail from the Claimant to the Tribunal regarding Logistics of the Hearing
Respondent's Submission on the Place of Arbitration and Transparency
E-mail from the Respondent to the Tribunal regarding Mesa Power Hearing Videos
E-mail from the Respondent to the Parties regarding Mesa Power Hearing Videos
E-mail from Respondent to the Tribunal regarding Areas of Disagreement on Draft Procedural Order No.14
Letter from the Respondent regarding the Parties' Experts' Consultations
Email from the Respondent regarding the Parties' Agreed Extension of CD Filing Deadlines
Letter from the Respondent regarding the Extension of CD Filing Deadlines
E-mail from Claimant to the Tribunal regarding Areas of Disagreement on Draft Procedural Order No.14
Email from Claimant regarding the Extension of CD Filing Deadlines
E-mail from the Respondent to the Tribunal regarding the Award in MAKAE Europe SARL v. Kingdom of Saudi Arabia
Letter from Respondent requesting to file Westmoreland Decision
Email from Claimant regarding the Respondent's Request to Submit the Westmoreland Decision
E-mail from the Respondent to the Tribunal regarding Mesa Power Hearing Videos
Letter from the Claimant to the Tribunal regarding the Bifurcated Phase of the Proceedings
E-mail from the United Mexican States to the PCA regarding Oral Submissions at the Hearing
Letter from the Respondent to the Tribunal regarding the Bifurcated Phase of the Proceedings
E-mail from the Respondent to the Tribunal providing Agreed Hearing Schedule
Letter from the Respondent to the Tribunal regarding the Claimant’s Extension Requests
Claimant's Memorial (redacted)
E-mail from the Claimant to the PCA regarding Witness Examination during the Hearing on Jurisdiction
Witness Statement of John C. Pennie (redacted)
Second E-mail from the Claimant to the Tribunal regarding the Hearing Schedule
E-mail from the Respondent to the Tribunal regarding the Hearing Schedule
E-mail from the Respondent to the Tribunal regarding the Award in MAKAE Europe SARL v. Kingdom of Saudi Arabia
Letter from the Claimant to the Tribunal regarding the Award in MAKAE Europe SARL v. Kingdom of Saudi Arabia
E-mail from the Claimant to the Tribunal regarding Respondent’s request to Admit a New Authority
E-mail from the Respondent to the PCA regarding corrections to Hearing Transcript
E-mail from the Claimant to the PCA regarding corrections to the Hearing Transcript
E-mail from the Claimant to the Tribunal regarding an Additional Authority
E-mail from the Respondent to the Tribunal regarding an Additional Authority
Respondent’s Post-Hearing Submission
Claimant’s Response to Respondent’s Post Hearing Brief on Transfers
Letter from the Respondent to the Tribunal Requesting that the Tribunal Provide Notice of the Issuance of the Award on Jurisdiction
E-mail from the Claimant to the Tribunal regarding Dismissal of Respondent’s Request to Provide Advance Notice of the Issuance of the Award on Jurisdiction
E-mail from the Respondent to the Tribunal Requesting Extension for Submission on Costs
Second US Article 1128 Submission
Second Mexico Article 1128 Submission
Expert Report of Margaret Lodise (RER-1)
Respondent's Post-Hearing Submission
Claimant's E-mail to the Tribunal regarding the Application of the EU GDPR
Claimant's Submission on Place of Arbitration
Respondent's Letter to the Tribunal regarding the Confidentiality Order
Claimant's Submission on Confidentiality
Respondent's Letter to the Tribunal regarding EU GDPR
Questions and Claimant's Response to the Tribunal GDPR Questions and Data Privacy Questions
Respondent's Response to Claimant's Submission on EU GDPR
Respondent's Statement of Defence
Claimant's Request for Interim Measures
Respondent's Motion for Security for Costs and Disclosure of Third-Party Funding
Claimant's Response to Respondent's Security for Costs Motion
Respondent's Request for Bifurcation
Claimant's Response to Respondent's Request for Bifurcation
Claimant's Letter to the Tribunal regarding Non-Disputing Party Submissions
Respondent's Letter to the Tribunal regarding Non-Disputing Party Submissions
Claimant's Letter to the Tribunal regarding Non-Disputing Party Submissions
Mexico Article 1128 Submission
US Article 1128 Submission
Respondent's Response to the Claimant's Request for Interim Measures (redacted)
Letter from the Claimant to the Tribunal regarding Respondent's Confidentiality Designations
Letter from the Respondent to the Tribunal its Confidentiality Designations
Respondent’s Response to the Article 1128 Submissions
Claimant’s Response to the Article 1128 Submissions
Letter from the Respondent to the Tribunal regarding its Confidentiality Designations
Procedural Documents
Procedural Order No. 3 (redacted)
Procedural Order No. 1
Procedural Order No. 4
Procedural Order No. 2
Procedural Order No. 5
Procedural Order No. 5 - Annex 1 (redacted)
Procedural Order No. 6
Procedural Order No. 7
Procedural Order No. 8 (redacted)
Procedural Order No. 9
Procedural Order No. 10
Procedural Order No. 11
Procedural Order No. 12
Procedural Order No. 13
Annex to the Procedural Order No. 13
Procedural Order No. 14
Confidentiality Order
Award or other decision
E-mail from the Tribunal to the Parties regarding Public Access to the January 2020 Hearing Video
E-mail from the Tribunal to the Parties regarding Decision in Dirk Herzig v. Turkmenistan
E-mail from the Tribunal to the Parties regarding Corrections to the January Hearing Transcript
E-mail from the Tribunal to the Parties regarding Corrections to the January Hearing Transcript
E-mail from the Tribunal to the Parties regarding Public Access to the January 2020 Hearing Video
E-mail from the Tribunal to the Parties regarding Respondent’s Motion for Targeted Document Production
E-mail from the Tribunal to the Parties
E-mail from the Tribunal to the Parties regarding Respondent’s Confidentiality Designations
E-mail from the Tribunal to the Parties regarding Assertions of Confidentiality (redacted)
E-mail from the Tribunal to the Parties regarding Modification to the Procedural Schedule
E-mail from the Tribunal to the Parties regarding Publication of the Documents on the PCA Web-Site
E-mail from the Tribunal to the Parties request Respondent’s request for Claimant’s Production of Valuation Data
Email from PCA to the Parties regarding Publication of Documents on the PCA Website
E-mail from the Tribunal to the Parties regarding Modification of Confidentiality Designation Deadlines
Letter from the Tribunal to the Parties regarding Respondent’s request for Claimant’s Production of Valuation Data
E-mail from the Tribunal to the Parties regarding the Parties’ experts’ consultations
Letter from the Tribunal to the Parties
Letter from the Tribunal to the Parties regarding the Claimant's Request for an Award for Costs
Letter from the Tribunal to the Parties regarding the Extension of CD Filing Deadlines
Letter from the Tribunal regarding the Respondent's Request to Submit the Westmoreland Decision
Letter from the Tribunal to the Parties regarding the Procedural Schedule for the Bifurcated Phase of Proceedings
Letter from the Tribunal to the Parties regarding the Procedural Calendar for the Bifurcated Jurisdictional Phase
E-mail from the Tribunal to the Parties confirming Rejoinder Filing Extension
Letter from the Tribunal to the Parties encl. Procedural Order No. 10
Letter from the Tribunal to the Parties encl. Procedural Order No. 11
E-mail from the Tribunal to the Parties regarding the publication of the videos of the Hearing on Jurisdiction
E-mail from the Tribunal to the Parties regarding additional confidentiality designations to the Hearing Transcript
E-mail from the Tribunal to the Parties regarding Outstanding Confidentiality Issues
E-mail from the Tribunal to the Parties regarding Filing of Amicus Curiae Applications for Leave
E-mail from the Tribunal to the Parties inviting Claimant’s Comments regarding the Format of the Hearing
E-mail from the Tribunal to the Parties regarding the Format of the Hearing
E-mail from Tribunal to Parties circulating draft Procedural Order No. 14
E-mail from the Tribunal to the Parties Inviting Claimant’s Comments regarding Submission of the new Legal Authority
E-mail from the Tribunal to the Parties regarding Logistics of the Hearing
E-mail from the Tribunal to the Parties regarding Mesa Power Hearing Videos
E-mail from the Tribunal to the Parties regarding Mesa Power Hearing Videos
E-mail from the Tribunal to the Parties regarding Draft Procedural Order No. 14
E-mail from the Tribunal to the United Mexican States regarding Oral Submissions at the Hearing
E-mail from the Tribunal to the Parties regarding Mesa Power Hearing Videos
E-mail from the Tribunal to the Parties regarding Mesa Power Hearing Videos
E-mail from the Tribunal to the Parties regarding MAKAE Europe SARL v. Kingdom of Saudi Arabia, dated 26 October 2021 enclosing PCA Letter to ICSID dated 25 October and Letter from ICSID to the PCA dated 25 October 2021
E-mail from the Tribunal to the Parties regarding Witness Examination during the Hearing on Jurisdiction
E-mail from the Tribunal to the Parties regarding the Award in MAKAE Europe SARL v. Kingdom of Saudi Arabia
E-mail from the Tribunal to the Parties regarding the Award in MAKAE Europe SARL v. Kingdom of Saudi Arabia
E-mail from the Tribunal to the Parties regarding a New Authority
E-mail from the Tribunal to the Parties regarding an Additional Authority
E-mail from the Tribunal to the Parties inviting response from the Claimant to Respondent’s Letter
E-mail from the Tribunal to the Parties inviting Claimant’s response to the Respondent’s Communication
E-mail from the Tribunal to the Parties inviting Respondent’s Comments on Claimant’s Communication
E-mail from the Tribunal to the Parties regarding the Final Award in Westmoreland Mining Holdings LLC v. Government of Canada
E-mail from the PCA to the Parties regarding the Correction of the Date
Letter from the Tribunal to the Parties regarding Submission on Costs
E-mail from the Tribunal to the Parties Granting Extension request for Submission on Costs
Tribunal's Communication to the Parties
Tribunal's Communication to the Parties regarding Non-Disputing Party Submissions
E-mail from the Tribunal to the Parties regarding Respondent's Confidentiality Designations
Press Release
Press Release - Notification to Potential Amici Curiae
Press Release - Public Hearing 15 to 19 November 2021
Press Release
Video
Hearing on Bifurcation and Preliminary Motions of 14-15 January 2020 Day 1 Part 1 (redacted)
Hearing on Bifurcation and Preliminary Motions of 14-15 January 2020 Day 1 Part 2 (redacted)
Hearing on Bifurcation and Preliminary Motions of 14-15 January 2020 Day 2 (redacted)
Hearing on Jurisdiction of 15-19 November 2021 Day 1 Part 1
Hearing on Jurisdiction of 15-19 November 2021 Day 1 Part 2
Hearing on Jurisdiction of 15-19 November 2021 Day 2 (redacted)
Hearing on Jurisdiction of 15-19 November 2021 Day 3
Hearing on Jurisdiction of 15-19 November 2021 Day 4 Part 1
Hearing on Jurisdiction of 15-19 November 2021 Day 4 Part 2
Hearing on Jurisdiction of 15-19 November 2021 Day 5 Part 1
Hearing on Jurisdiction of 15-19 November 2021 Day 5 Part 2
Transcript/Minutes
Hearing on Bifurcation and Preliminary Motions - Transcript Day 2 (redacted)
Hearing on Bifurcation and Preliminary Motions - Transcript Day 1 (redacted)
Hearing on Jurisdiction - Transcript Day 1
Hearing on Jurisdiction - Transcript Day 2 (redacted)
Hearing on Jurisdiction - Transcript Day 3
Hearing on Jurisdiction - Transcript Day 4
Hearing on Jurisdiction - Transcript Day 5
First Procedural Hearing Transcript