Reproduced from www.worldbank.org/icsid with permission of ICSID.
Case Report (free download)
Case Report by Gabriela Karaivanova, Editor Ignacio Torterola
Claimant seeks damages caused by the continued application of the 2004 Canadian Guidelines from 2012 until the end of 2015 with respect to Terra Nova and Hibernia Oil Projects. In addition to contesting the jurisdiction of the Tribunal and the admissibility of the claim, Canada contests the damages claimed by Mobil. The Tribunal rejects Canada's arguments and considers that the decision of the Board to continue enforcing the 2004 Guidelines notwithstanding the decision of the Mobil I Tribunal was an act separate and distinct from the promulgation of the 2004 Guidelines with respect to the three-year limitation period for claims.
Whether Mobil's present claim is time barred with respect to the time limit set by Article 1116(2) of NAFTA. Whether Mobil's claim is barred by the doctrine of res judicataas a result of the decision and award in the Mobil I proceedings. Finally, whether the losses claimed by Mobil were caused by the enforcement of the 2004 Guidelines during the relevant period.
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