NAFTA - Chapter 11 - Investment

Cases filed against the Government of Canada

Resolute Forest Products Inc. v. Government of Canada

Claimant

The Claimant is Resolute Forest Products Inc. (“Resolute”), a manufacturer of supercalendered (“SC”) paper.

Articles

  • Article 1102 (National Treatment)
  • Article 1105 (Minimum Standard of Treatment)
  • Article 1110 (Expropriation)

Damages claimed

At least $70 million USD.

Status

Arbitration is ongoing.

Arbitration rules

UNCITRAL

Summary

Procedural history

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).

Legal documents

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.

Copies of all legal documents posted have been prepared in a language of operation of the Tribunal or Court in question. The Government of Canada has not modified or changed them in any way. As such they have not been translated from the original. They are provided in Acrobat (pdf) files. To view or download pdf files you need Adobe® Acrobat® Reader™ a free software that you can download from the web.

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