NAFTA - Chapter 11 - Investment

Cases filed against the Government of Canada

Westmoreland Coal Company v. Government of Canada

Claimant

Westmoreland Coal Company 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 on November 19, 2018.

Arbitration rules

UNCITRAL

Summary

Procedural history

On August 20, 2018, Westmoreland submitted a Notice of Intent to Submit a Claim to Arbitration. On November 19, 2018, Westmoreland filed its Notice of Arbitration, commencing the NAFTA arbitration process.

Factual overview and nature of the claim

Westmoreland alleges that the Province of Alberta’s Clean Climate Leadership Plan (CCLP), 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 CCLP, and not providing such a payment to Westmoreland for its coal mine assets.

Legal documents (all documents are in pdf)

This case is being governed by the arbitral rules of the United Nations Commission on International Trade Law.

The Notice of Arbitration posted below has been prepared in English. The Government of Canada has not modified or changed it in any way. As such it has not been translated from the original. It is provided in Acrobat (pdf) file. To view or download pdf files you need Adobe® Acrobat® Reader™ a free software that you can download from the web.