NAFTA - Chapter 11 - Investment

Cases filed against the Government of Canada

Westmoreland Coal Company v. Government of Canada (2018)

Claimant

Westmoreland Coal Company is a company that was incorporated in the State of Delaware in the United States. It owned Prairie Mines & Royalty ULC, a company incorporated in Alberta, which owned and operated coal mines in Alberta.

Articles

• 1102 (National Treatment)
• 1105 (Minimum Standard of Treatment)

Damages claimed

At least $470 million CAD.

Status

Withdrawn before the constitution of a tribunal.

Arbitration rules

United Nation Commission on International Trade Law (UNCITRAL)

Summary

Procedural history

On August 20, 2018, Westmoreland Coal Company submitted a Notice of Intent to Submit a Claim to Arbitration. On November 19, 2018, Westmoreland Coal Company filed its Notice of Arbitration, commencing the NAFTA (North American Free Trade Agreement) arbitration process. Westmoreland Coal Company withdrew its Notice of Arbitration on July 23, 2019.

Factual overview and nature of the claim

Westmoreland Coal Company alleged that the Province of Alberta’s Climate Leadership Plan (CLP), which sought to phase out all emissions from coal-fired electricity generation by 2030, reduced the lifespan of Westmoreland Coal Company’s mines in Alberta and treated Westmoreland Coal Company unfairly.

Westmoreland Coal Company further alleged that Alberta has treated it unfairly and in a discriminatory manner by providing transition payments to three coal-fired generating unit owners impacted by the CLP, and not providing such a payment to Westmoreland Coal Company for its coal mine assets.