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Mesa Power v. Canada

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Case Details

Year of Filing: 2011

Case Status: Set Aside Concluded

Claimant(s): Mesa Power Group LLC

Respondent(s): Canada

Arbitral Rules: UNCITRAL and/or Ad-Hoc

Legal Instrument: Treaty

Treaty: NAFTA

Administrative Case Number: PCA Case No. 2012-17

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Prior IAReporter Coverage of Mesa Power v. Canada

An update on eight investment arbitration claims against Canada Sep 20, 2018
US Court declines to set aside Mesa v. Canada award, and rejects investor’s argument that NAFTA tribunal breached due process by showing “deference” to government measures Jun 16, 2017
Recap: recent U.S. court rulings in relation to investment treaty awards Jun 20, 2016
Mesa v. Canada tribunal construes NAFTA’s time-bar and procurement rules; does not follow WTO on attribution issue; and frowns on investor’s use of U.S. judicial discovery Apr 28, 2016
In Mesa award, Waste Management reading of FET is embraced despite post-Bilcon criticisms, but majority offers much deference to state policy choices; MFN access to stronger FET is nixed Apr 28, 2016
UPDATED: Award rendered in Mesa Power v. Canada NAFTA arbitration, handing set-back to Texas-based renewables company Apr 1, 2016
As decision in Mesa v. Canada looms, investor and all three NAFTA parties weigh in on significance of Bilcon Aug 10, 2015
In renewables case against Canada, the other NAFTA parties weigh in with views on key provisions – some unhelpful to investor Aug 27, 2014
In new filing, US investor alleges that favourable Canadian energy pact granted to a Korean consortium breaches NAFTA Chapter 11 Jul 9, 2014
ANALYSIS: In Mesa v. Canada, focus is laid on less-used performance requirements and procurement provisions, and relevance of recent WTO ruling against Canada Jul 9, 2014
Recent filings in Mesa Energy v. Canada arbitration shed light on Canada’s objections, as well as claimant’s allegations of composite breach Sep 22, 2013
NAFTA tribunal in renewable energy arbitration allows entry into record of evidence obtained via “Section 1782” discovery in US courts Apr 25, 2013
Green energy arbitration moves forward as arbitrators are picked and preliminary arguments tabled by investor (Mesa) and Canada Jan 29, 2013
Renewable energy arbitration claims on horizon, but states take differing approaches to public disclosure Sep 7, 2011