Mesa Power Group LLC (USA) v. Government of Canada

The PCA acts as Registry in this arbitration, which is being conducted under the UNCITRAL Arbitration Rules (1976), pursuant to the North American Free Trade Agreement (“NAFTA”).


Case information

Name(s) of Claimant(s) Mesa Power Group LLC (USA) (Private entity )
Name(s) of Respondent(s) Government of Canada (State)
Names of Parties -
Case number 2012-17
Administering institution Permanent Court of Arbitration (PCA)
Case status Concluded
Type of case Investment arbitration
Subject matter or economic sector -
Rules used in arbitral proceedings UNCITRAL Arbitration Rules 1976
Treaty or contract under which proceedings were commenced NAFTA (Multilateral treaty)
Language of Proceeding English
Seat of Arbitration (by Country)
Arbitrator(s)
Professor Gabrielle Kaufmann-Kohler (Presiding Arbitrator)
The Honourable Charles N. Brower
Mr. Toby Landau, QC
Representatives of the Claimant(s)
Mr. Barry Appleton
APPLETON & ASSOCIATES INTERNATIONAL LAWYERS
 
Mr. Edward Mullins 

ASTIGARRAGA DAVIS MULLINS & GROSSMAN

Representatives of the Respondent(s)
Ms. Sylvie Tabet
Mr. Shane Spelliscy
Mr. Rodney Neufeld
Mr. Raahool Watchmaker
Ms. Heather Squires
Ms. Laurence Marquis
Ms. Susanna Kam
TRADE LAW BUREAU, FOREIGN AFFAIRS, TRADE AND DEVELOPMENT CANADA
Representatives of the Parties
Number of Arbitrators in case 3
Date of commencement of proceeding 01 January 2011
Date of issue of final award 24 March 2016
Length of Proceedings Pending
Additional notes

Pursuant to Article A(2)(b) of the Notes of Interpretation of Certain Chapter 11 Provisions, adopted on 31 July 2001 by the States Parties to NAFTA, Canada, Mexico and the United States have agreed to “make available to the public in a timely manner all documents submitted to, or issued by, a Chapter Eleven tribunal”, subject to appropriate redactions. In PCA-administered arbitrations involving the Government of Canada, these documents are published on the PCA Case Repository.


Attachments

Notice of Arbitration
Notice of Arbitration
Written submission
Witness Statement of Cole Robertson submitted on 24 April 2014 (public version)
Investor's Memorial (public version)
Respondent's Post-Hearing Submission
Investor's Post-Hearing Submission
Expert Report of Mr. Steve Dorey submitted on 28 February 2014
Expert Report of Messrs Low and Taylor submitted on 2 June 2014 (public version)
Canada’s Counter-Memorial
Expert Report of Berkeley Research Group
Respondent's Witness Statement of Richard Duffy
Respondent's Witness Statement of Rick Jennings
Respondent's Witness Statement of Shawn Cronkwright
Respondent's Witness Statement of Susan Lo
Respondent's Witness Statement of Bob Chow
Respondent's Witness Statement of Jim MacDougall
Investor's Reply Memorial dated 30 April 2014
Investor's Witness Statement of Cole Robertson
Investor's Expert Report of Seabron Adamson
Investors' Expert Report of Messrs. Taylor and Low
Investor's Expert Report of Gary Timm
Canada's Rejoinder on the Merits
Canada's Second Expert Report of Christopher John Goncalves - Berkeley Research Group
Canada's Witness Statement of Susan Lo
Submission of the Government of Mexico
Submission of the Government of the United States of America
Investor's Costs Submission
Respondent's Submission on Costs
Investor's Reply Statement of Costs
Respondent's Reply to Investor's Submission on Costs
Investor's Submission re Bilcon v. Canada Award
Respondent's Observations on the Bilcon v. Canada Award
Letter from Mexico to the Tribunal
Letter from the United States of America to the Tribunal
Letter from the Investor to the Tribunal re New Article 1128 Submissions
Second Submission of Mexico as a Non-Disputing Party
Second Submission of the United States of America as a Non-Disputing Party
Investor's Response to Second 1128 Submissions
Respondent's Response to Second 1128 Submission
Procedural Order
Procedural Order No.3
Procedural Order No.7
Procedural Order No.6
Procedural Order No.9
Procedural Order No.1
Confidentiality Order
Procedural Order No.2
Procedural Order No.4
Procedural Order No.5
Procedural Order No.8
Procedural Order No.10
Procedural Order No.11
Procedural Order No.12
Procedural Order No.13
Procedural Order No.14
Procedural Order No.15
Procedural Order No.16
Award or other decision
Award dated 20160324
Concurring and Dissenting Opinion of The Honorable Judge Charles N. Brower dated 20160325
Corrections to the Award of 24 March 2016
Other
Notice of Intent
Notification to Non-Disputing Parties and Potential Amicus Curiae
Video
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Day 6 Part 6 - Hearing Video
Transcript/Minutes
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