Theodore David Einarsson, Harold Paul Einarsson and Russell John Einarsson (on behalf of Geophysical Service Incorporated) v. Government of Canada

Claimants

Theodore David Einarsson, Harold Paul Einarsson and Russell John Einarsson allege to have made investments in Geophysical Service Incorporated (GSI), a Canadian company that conducted offshore marine seismic surveys in the Canadian Atlantic and Arctic. GSI licensed seismic material to oil and gas companies, mainly for exploration purposes.

Articles

• 1106 (Performance Requirements)
• 1110 (Expropriation and Compensation)

Damages claimed

US$534.4 million

Status

Active

Arbitration rules

United Nation Commission on International Trade Law (UNCITRAL)

Summary

Procedural history

On October 12, 2018, Canada received a copy of a Notice of Intent to Submit a Claim to Arbitration under NAFTA (North American Free Trade Agreement) Chapter 11 by Theodore Einarsson, Harold Einarsson and Russell Einarsson (the Claimants) on behalf of GSI. On April 18, 2019, the Claimants filed a Notice of Arbitration against Canada.The tribunal is composed of Ms. Carita Wallgren-Lindholm (Chair), Mr. Trey Gowdy and Mr. Toby Landau. The hearing on the merits and damages took place from March 3 to 13, 2025, in Calgary.

Factual overview and nature of the claim

The Claimants maintain that GSI held copyright in certain seismic material collected in Canada’s offshore. The Claimants allege that certain decisions by Canada’s domestic courts relating to copyright and Canada’s offshore seismic data regulatory regime expropriated the Claimants’ investment under NAFTA Article 1110 and enforced a prohibited performance requirement under NAFTA Article 1106. Canada denies that the challenged measures violated NAFTA.

Legal documents

Legal documents related to this case can be viewed at the website of the International Centre for Settlement of Investment Disputes.

Copies of all legal documents posted have been prepared in a language of operation of the Tribunal or Court in question. The Government of Canada has not modified or changed them in any way. As such they have not been translated from the original.

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