Bilcon of Delaware and othersv. Government of Canada / Permanent Court of Arbitration.

Oisterwijk, The Netherlands : International Courts Association, [2019].

volumes ; 25 cm.

International arbitration series ; v.16.

The arbitration was commenced in 2009 by Bilcon of Delaware, a United States corporation, and its shareholders. The Parties' dispute revolves around Bilcon's application to build and operate a quarry at Digby Neck, Nova Scotia. Following an environmental assessment, the Government of Nova Scotia and the federal Government of Canada denied the application, In a 2015 Award on Jurisdiction and Liability, the tribunal unanimously decided that it had jurisdiction only insofar as Bilcon of Delaware et al. based their claims on events occuring on or after 17 June 1005. The Tribunal further decided, by majority, that Canada had breached certain obligations under NAFTA Chapter Eleven, in particular the obligation to accord treatment in accordance with international law, including fair and equitable treatment and full protection and security (Article 1105) and the obligation to accord treatment no less favorable than it has accorded, in like circumstances, to investments of its own investors (Article 1102). The Parties subsequently submitted two rounds of written pleadings concerning the amount of compensation owed to Bilcon of Delaware and its shareholders, accompanied by numerous witness statements, expert repots, fact exhibits and legal authorities. At the forthcoming hearing, the Parties will have an opportunitiy to make presentations to the tribunal in repect of these questions and crossexamine witnesses and experts presented by the other side. The Tribunal is composed of Judge Bruno Simma (President), Professor Donald McRae and Professor Brian Schwartz.

Includes bibliographical references.

Part. 1-9 (c2019)

K2400 .A54 2019

English