NAFTA - Chapter 11 - Investment
Cases filed against the Government of Canada
Resolute Forest Products Inc. v. Government of Canada
The Claimant is Resolute Forest Products Inc. (“Resolute”), a manufacturer of supercalendered (“SC”) paper.
- Article 1102 (National Treatment)
- Article 1105 (Minimum Standard of Treatment)
- Article 1110 (Expropriation)
At least $70 million USD.
Arbitration is ongoing.
On September 30, 2015, Resolute served the Government of Canada with a Notice of Intent to Submit a Claim to Arbitration. On December 30, 2015, Resolute filed a Notice of Arbitration against the Government of Canada. A Tribunal was constituted on May 26, 2016 and Canada filed its Statement of Defence on September 1, 2016.
Factual overview and nature of the claim
Resolute’s claim relates to measures allegedly adopted by the Government Nova Scotia and the Government of Canada, in support of a SC paper mill located near Port Hawkesbury, Nova Scotia. Resolute contends those measures discriminated in favor of the Port Hawkesbury mill and resulted, among other damages, in the closing of Resolute's Laurentide mill located in Shawinigan, Québec, in 2014, depriving Resolute of its investment in that mill (and the value of other investments).
This case is governed by the arbitral rules of the United Nations Commission on International Trade Law. Additional documents related to this case can be viewed at the website of the Permanent Court of Arbitration.
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