Detroit International Bridge Company v. Government of Canada

This arbitration concerns the investment of an American company in the Ambassador Bridge connecting Detroit, Michigan and Windsor, Ontario.


Case information

Name(s) of Claimant(s) Detroit International Bridge Company (Private entity )
Name(s) of Respondent(s) Government of Canada (State)
Names of Parties -
Case number 2012-25
Administering institution Permanent Court of Arbitration (PCA)
Case status Concluded
Type of case Investment arbitration
Subject matter or economic sector -
Procedural rules UNCITRAL Arbitration Rules 2010
Treaty or contract under which proceedings were commenced

Multilateral treaty
NAFTA

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

Mr. Yves Derains (Chairman)

The Hon. Michael Chertoff

Mr. Vaughan Lowe Q.C.

Representatives of the Claimant(s)

Mr. Jonathan D. Schiller

Mr. William A. Isaacson

Mr. Hamish P. M. Hume

Ms. Heather M. King

Ms. Amy L. Neuhardt

Mr. Ross P. McSweeney

Boies, Schiller & Flexner LLP

Representatives of the Respondent(s)

Mr. Mark Luz

Ms. Sylvie Tabet

Mr. Adam Douglas

Mr. Reuben East

Ms. Heather Squires

Ms. Cheryl Fabian-Bernard

Representatives of the Parties
Number of Arbitrators in case 3
Date of commencement of proceeding 29 April 2011
Date of issue of final award 17 August 2015
Length of Proceedings 3-4 years
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.


Documents

Notice of Arbitration
Notice of Arbitration
Investor Amended Notice of Arbitration
Written submission
Investor Statement of Claim
Canada Brief Statement on Jurisdiction and Admissibility
Investor Response to Brief Statement on Jurisdiction and Admissibility
Canada Memorial on Jurisdiction and Admissibility
Investor Counter-Memorial on Jurisdiction and Admissibility
Canada Reply Memorial on Jurisdiction and Admissibility
Investor Rejoinder Memorial on Jurisdiction and Admissibility
Mexico Article 1128 Submission
United States Article 1128 Submission
Investor Response to the NAFTA Article 1128 Submissions
Canada Response to the NAFTA Article 1128 Submissions
Investor Submission Concerning the Place of Arbitration
Canada Submission on the Place of Arbitration
Canada Letter to Tribunal on Confidentiality Order
Investor Reply to Tribunal on Confidentiality Order
Investor Reply to Tribunal on Procedural Order No. 9
Procedural Documents
Procedural Order No.1
Procedural Order No. 2
Procedural Order No. 3
Procedural Order No. 4
Confidentiality Order
Procedural Order No. 5
Procedural Order No. 6
Procedural Order No. 7
Procedural Order No. 8
Procedural Order No. 9
Award or other decision
Award on Jurisdiction (including Separate Dissenting Jurisdictional Statement of Michael Chertoff)
Other
Notice of Intent
Notice of Intent