Westmoreland Coal Company v. Government of Canada (2022)
Westmoreland Coal Company is a company that was incorporated in the State of Delaware in the United States. It used to own Prairie Mines & Royalty ULC, a company incorporated in Alberta, which owned and operated coal mines in Alberta.
Canada-United-States-Mexico Agreement (CUSMA)
North American Free Trade Agreement (NAFTA)
- CUSMA, Annex 14-C
- NAFTA, 1102 (National Treatment)
- NAFTA, 1105 (Minimum Standard of Treatment)
- NAFTA, 1110 (Expropriation and Compensation)
The Claimant did not specify the amount of damages claimed.
Active. Canada received the Notice of Arbitration (NOA) on October 14, 2022.
On June 30, 2022, Canada received a Notice of Intent to Submit a Claim to Arbitration (NOI) from Westmoreland Coal Company. On October 14, 2022, Westmoreland Coal Company filed its NOA, commencing the arbitration process pursuant to CUSMA Annex 14-C and the NAFTA. The Tribunal was constituted on March 14, 2023. On May 8, 2023, the Tribunal issued Procedural Order No. 1 (concerning procedural matters) and Procedural Order No. 2 (concerning confidentiality).
Factual overview and nature of the claim
Westmoreland Coal Company alleges that the Province of Alberta’s 2015 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 alleges 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.
Westmoreland Coal Company also alleges that Alberta’s above-mentioned measures, combined with carbon pricing regulations enacted by Alberta and the federal government, deprived it of the value of the mines, constituting a violation of the expropriation obligation.
This case is governed by the arbitral rules of the United Nations Commission on International Trade Law. Documents related to this case can be viewed at the website of the International Centre for Settlement of Investment Disputes.
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