Theodore D. Einarsson and others v Canada ICSID Case No. UNCT/20/6 - NAFTA - Claimant's Memorial - 27 September 2022
497. In this Memorial, the Claimants have demonstrated that the Tribunal has jurisdiction over the Claimants' claims in this Arbitration and that the Alberta Decisions breached Articles 1110 and 1106(1)(f) of NAFTA. The Alberta Decisions destroyed GSI's business by confiscating its copyright in the Seismic Works and enforcing a requirement for GSI to transfer its proprietary knowledge in the Seismic Works to third parties. By doing so, the Alberta Decisions substantially deprived the Claimants of their investments, including the investments made by the Einarssons personally. The only question for the Tribunal is how much money Canada must pay to the Claimants to compensate them for their losses.
VII. RELIEF SOUGHT BY THE CLAIMANTS
498. In light of Canada's breaches of Articles 1110 and 1106(1)(f) of NAFTA, the Claimants respectfully request that the Tribunal render an award in favour of the Claimants that awards the following amounts against Canada in CAD: