NAFTA - Chapter 11 - Investment

Cases Filed Against the Government of Canada

Tennant Energy, LLC. v. Government of Canada

Claimant

The claim has been brought by Tennant Energy, LLC (“Tennant”), a US corporation that claims to own and control Skyway 127 Wind Energy Inc. Skyway 127 Wind Energy Inc. is an enterprise that proposed to develop a wind farm in Ontario.

Articles

• Article 1105 (Minimum Standard of Treatment)

Damages claimed

At least $116 million CDN

Arbitration Rules

UNCITRAL

Summary

Procedural history

On March 2, 2017, Tennant filed a Notice of Intent to submit a claim to arbitration against the Government of Canada under Chapter 11 of the NAFTA. On June 1, 2017, Tennant filed its Notice of Arbitration, thus commencing the NAFTA arbitration process.

A tribunal was established on November 9, 2018.

Factual overview and nature of the claim

Tennant alleges that Ontario’s administration of the Feed-In Tariff program (FIT) was non-transparent and opaque, and that Tennant was treated unfairly with respect to their project in Ontario. In addition, Tennant alleges that government records documenting the nature and extent of the alleged unfair energy regulatory measures were intentionally destroyed.

Status

Active.

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 Courtof Arbitration.

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