ICSID - International Centre for Settlement of Investment Disputes
ICSID - International Centre for Settlement of Investment Disputes
08/29/2024 | Press release | Archived content
Award and Dissenting Opinion (Redacted)
TC Energy Corporation and TransCanada Pipelines Limited v. United States of America (ICSID Case No. ARB/21/63)
Proceeding
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Subject of Dispute:Oil pipeline project
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Economic Sector:Oil, Gas & Mining
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Instrument(s) Invoked: (i)NAFTA (North American Free Trade Agreement), USMCA (United States-Mexico-Canada Agreement)
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Applicable Rules:ICSID Convention - Arbitration Rules
(a) Original Proceeding
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Claimant(s)/Nationality(ies): (i)TC Energy Corporation (Canadian), TransCanada Pipelines Limited (Canadian)
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Respondent(s):United States of America (U.S.)
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Date Registered:December 22, 2021
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Date of Constitution of Tribunal:September 21, 2022
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Composition of Tribunal
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President:Alexis MOURRE (French) - Appointed by the Secretary-General
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Arbitrators:Henri C. ÁLVAREZ (Canadian) - Appointed by the Claimant(s)
John R. CROOK (U.S.) - Appointed by the Respondent(s)
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Party Representatives
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Claimant(s):Sidley Austin, Washington, D.C., U.S.A.
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Respondent(s):Office of the Legal Adviser, United States Department of State, Washington, D.C., U.S.A.
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Language(s) of Proceeding:English
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Status of Proceeding:Concluded
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Outcome of Proceeding:July 12, 2024 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Henri C. Alvarez.
(a) Original Proceeding
Published Decisions
Procedural Order No. 1
Respondent's Request for Bifurcation
Claimants' Observations on Respondent's Request for Bifurcation
Confidentiality Order
Respondent's Reply to Claimants' Observations on Respondent's Request for Bifurcation
Claimants' Rejoinder on Respondent's Request for Bifurcation
Procedural Order No. 2
Respondent's Memorial on the Preliminary Objection
Claimants' Counter-Memorial on Respondent's Preliminary Objection
Non-Disputing State Party Submission of the United Mexican States pursuant to NAFTA Article 1128
Procedural Order No. 3
Procedural Order No. 4
Privilege Expert's Report
Respondent's Reply on its Preliminary Objection
Addendum to the Privilege Expert's Report
Supplement to the Privilege Expert's Report
Claimants' Rejoinder on Respondent's Preliminary Objection
Attachment A to the Claimants' Rejoinder on Respondent's Preliminary Objection
Attachment B to the Claimants' Rejoinder on Respondent's Preliminary Objection
• Award and Dissenting Opinion (Redacted)
Available on the ICSID Website
Procedural Order No. 1 (December 12, 2022)English (Original)
Respondent's Request for Bifurcation (January 11, 2023)English (Original)
Claimants' Observations on Respondent's Request for Bifurcation (February 10, 2023)English (Original)
Confidentiality Order (February 8, 2023)English (Original)
Respondent's Reply to Claimants' Observations on Respondent's Request for Bifurcation (March 2, 2023)English (Original)
Claimants' Rejoinder on Respondent's Request for Bifurcation (March 22, 2023)English (Original)
Procedural Order No. 2 (April 13, 2023)English (Original)
Respondent's Memorial on the Preliminary Objection (June 12, 2023)English (Original)
Claimants' Counter-Memorial on Respondent's Preliminary Objection (August 11, 2023)English (Original)
Non-Disputing State Party Submission of the United Mexican States pursuant to NAFTA Article 1128 (September 11, 2023)English (Original)
Procedural Order No. 3 (November 6, 2023)English (Original)
Procedural Order No. 4 (December 11, 2023)English (Original)
Privilege Expert's Report (January 18, 2024)English (Original)
Respondent's Reply on its Preliminary Objection (December 27, 2023)English (Original)
Addendum to the Privilege Expert's Report (January 30, 2024)English (Original)
Supplement to the Privilege Expert's Report (February 9, 2024)English (Original)
Claimants' Rejoinder on Respondent's Preliminary Objection (February 9, 2024)English (Original)
Attachment A to the Claimants' Rejoinder on Respondent's Preliminary Objection (February 9, 2024)English (Original)
Attachment B to the Claimants' Rejoinder on Respondent's Preliminary Objection (February 9, 2024)English (Original)
• Award and Dissenting Opinion (Redacted) (July 12, 2024)English (Original)
(a) Original Proceeding
| Date | Development |
| December 22, 2021 |
The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
| January 12, 2022 |
Following appointment by the Claimants, Henri C. Álvarez (Canadian) accepts his appointment as arbitrator. |
| February 25, 2022 |
Following appointment by the Respondent, John R. Crook (U.S.) accepts his appointment as arbitrator. |
| September 20, 2022 |
Following appointment by the Secretary-General, Alexis Mourre (French) accepts his appointment as presiding arbitrator. |
| September 21, 2022 |
The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Alexis Mourre (French), President, appointed by the Secretary-General; Henri C. Alvarez (Canadian), appointed by the Claimants; and John R. Crook (U.S.), appointed by the Respondent. |
| December 1, 2022 |
The Tribunal holds a first session by video conference. |
| December 12, 2022 |
The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
| January 11, 2023 |
The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
| February 8, 2023 |
The Tribunal issues an order concerning the confidentiality of documents. |
| February 10, 2023 |
The Claimants file observations on the Respondent's request to address the objections to jurisdiction as a preliminary question. |
| March 2, 2023 |
The Respondent files a reply to the Claimants' observations to its request to address the objections to jurisdiction as a preliminary question. |
| March 22, 2023 |
The Claimants file a rejoinder on the Respondent's request to address the objections to jurisdiction as a preliminary question. |
| April 13, 2023 |
The Tribunal issues Procedural Order No. 2 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question. |
| June 12, 2023 |
The Respondent files a memorial on jurisdiction. |
| August 11, 2023 |
The Claimants file a counter-memorial on jurisdiction. |
| September 11, 2023 |
The Claimants file a request for production of documents. |
| September 11, 2023 |
The United Mexican States files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128. |
| October 11, 2023 |
The Respondent files observations on the Claimants' request for production of documents. |
| October 26, 2023 |
The Claimants file a response to the Respondent's observations of October 11, 2023. |
| November 6, 2023 |
The Tribunal issues Procedural Order No. 3 concerning production of documents. |
| December 1, 2023 |
The Claimants file a request for the Tribunal to decide on production of documents. |
| December 6, 2023 |
The Respondent files observations on the Claimants' request of December 1, 2023. |
| December 8, 2023 |
The Claimants file a response to the Respondent's observations of December 6, 2023. |
| December 11, 2023 |
The Tribunal issues Procedural Order No. 4 concerning production of documents. |
| December 20, 2023 |
The Tribunal appoints a privilege expert. |
| December 27, 2023 |
The Respondent files a reply on jurisdiction. |
| January 19, 2024 |
The privilege expert issues its report. |
| January 20, 2024 |
The Respondent files a request for the Tribunal to decide on production of documents. |
| January 22, 2024 |
The Claimants file observations on the Respondent's request of January 20, 2024 and a request for the Tribunal to decide on production of documents. |
| January 23, 2024 |
The Respondent files observations on the Claimants' request of January 22, 2024. |
| January 23, 2024 |
The Tribunal decides on the Respondent's request of January 20, 2024. |
| January 25, 2024 |
The Claimants file a response to the Respondent's observations of January 23, 2024. |
| January 26, 2024 |
The Respondent files a response to the Claimants' observations of January 25, 2024. |
| January 30, 2024 |
The privilege expert issues an addendum to its report. |
| January 30, 2024 |
The Tribunal decides on the Claimants' request of January 22, 2024. |
| February 6, 2024 |
The Claimants file a request for the Tribunal to decide on production of documents. |
| February 7, 2024 |
The Respondent files observations on the Claimants' request of February 6, 2024. |
| February 9, 2024 |
The privilege expert issues a supplement to its report. |
| February 9, 2024 |
The Tribunal decides on the Claimants' request of February 6, 2024. |
| February 9, 2024 |
The Claimants file a rejoinder on jurisdiction. |
| February 28, 2024 |
The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| February 29, 2024 |
The Claimants file observations on the Respondent's request of February 28, 2024. |
| March 2, 2024 |
The Tribunal decides on the Respondent's request of February 28, 2024. |
| March 12, 2024 |
The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
| March 15, 2024 |
The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
| March 19, 2024 |
The Respondent files observations on the Claimants' request of March 15, 2024. |
| March 20, 2024 |
The Tribunal decides on the Claimants' request of March 15, 2024. |
| April 3, 2024 - April 5, 2024 |
The Tribunal holds a hearing on jurisdiction in person in Washington, D.C. |
| June 7, 2024 |
Each party files a statement of costs. |
| July 12, 2024 |
The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Henri C. Alvarez. |