NAFTA - Chapter 11 - Investment

Cases filed against the Government of Canada

Westmoreland Mining Holdings LLC v. Government of Canada

Claimant

Westmoreland Mining Holdings LLC is a company incorporated in the State of Delaware in the United States. It owns Prairie Mines & Royalty ULC, which is incorporated in Alberta and owns and operates coal mines in Alberta.

Articles

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

Damages claimed

At least $470 million CAD

Status

Active. Canada received the Notice of Arbitration (NOA) on August 12, 2019.

Arbitration rules

Arbitral rules of the United Nations Commission on International Trade Law (UNCITRAL)

Summary

Procedural history

Westmoreland Mining Holdings LLC, submitted a Notice of Intent to Submit a Claim to Arbitration (NOI) dated May 13, 2019, and filed an NOA commencing the NAFTA arbitration process on August 12, 2019.

Factual overview and nature of the claim

Westmoreland alleges that the Province of Alberta’s Climate Leadership Plan (CLP), which sought to phase out all electricity generated from coal by 2030, has reduced the lifespan of Westmoreland’s mines in Alberta and treated Westmoreland unfairly.

Westmoreland 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 for its coal mine assets.

Legal documents

This case is governed by the arbitral rules of the United Nations Commission on International Trade Law (UNCITRAL). Documents related to this case can be viewed at the website of the International Centre for Settlement of Investment Disputes.