Summary

Reproduced from www.worldbank.org/icsid with permission of ICSID.

FINAL AWARD

Members of the Tribunal
Ms Juliet Blanch, President
Mr James Hosking
Professor Zachary Douglas QC

I. INTRODUCTION AND PARTIES

1. This case concerns a dispute submitted on the basis of Chapter Eleven of the North American Free Trade Agreement ("NAFTA" or the "Treaty") and the Arbitration Rules of the United Nations Commission on International Trade Law adopted by the United Nations General Assembly on 15 December 1976 (the "UNCITRAL Rules"). By agreement of the Parties, the International Centre for Settlement of Investment Disputes ("ICSID" or the "Centre") serves as the Administering Authority for this proceeding.

2. The claimant is Westmoreland Mining Holdings LLC ("Westmoreland" or the "Claimant"), a company incorporated in the state of Delaware, United States of America.

The claim is also brought on behalf of Westmoreland Canada Holdings Inc. ("WCHI") and Prairie Mines & Royalty ULC ("Prairie") (WCHI and Prairie, jointly "Canadian Enterprises"), both companies incorporated in the Province of Alberta in Canada.

3. The respondent is the Government of Canada ("Canada" or the "Respondent").

4. The Claimant and the Respondent are collectively referred to as the "Parties." The Parties' representatives and their addresses are listed above on page (i).

5. This dispute arises out of the Claimant's ownership of various coalmines in Alberta, Canada, and Alberta's subsequent actions to phase out coal-fired power plants by 2030.

6. The Tribunal issues the present Final Award addressing jurisdictional objections raised by Canada with regards to the existence of an investment that qualifies as such under NAFTA Chapter Eleven.

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VII. DECISION

252. For the reasons set forth above, the Tribunal decides as follows:

(1) Westmoreland does not have standing to bring this claim on the basis that (i) it was not a protected investor at the time of the alleged breaches as required by NAFTA Articles 1116(1) and 1117(1); (ii) it has not made out a prima facie damages claim under NAFTA Articles 1116(1) and 1117(1); and (iii) the Challenged Measures do not "relate to" Westmoreland or its investment pursuant to NAFTA Article 1101(1);

(2) Westmoreland's claim is accordingly dismissed in its entirety;

(3) Each Party shall bear its own costs of legal representation and disbursements; and

(4) Each Party shall bear its share of the arbitration costs.

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