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William Ralph Clayton, Bilcon and others v. Canada

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Case Details

Year of Filing: 2008

Case Status: Arbitral Phase Pending

Claimant(s): William Ralph Clayton, Bilcon of Delaware Inc. and others

Respondent(s): Canada

Arbitral Rules: UNCITRAL and/or Ad-Hoc

Legal Instrument: Treaty

Treaty: NAFTA

Administrative Case Number: PCA Case No. 2009-04

Arbitral Tribunal

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Major Developments

Key Decision:

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Annulment/Set-Aside Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Prior IAReporter Coverage of William Ralph Clayton, Bilcon and others v. Canada

Analysis: in quantum decision, Bilcon tribunal awards investors little more than their sunk costs, after finding no certain causation between Canada’s breach and alleged lost profits Feb 25, 2019
Canada ordered to pay $7 million for botched environmental review, but NAFTA arbitrators reject U.S. investors’ bid for $400+ million in lost profits Feb 25, 2019
An update on eight investment arbitration claims against Canada Sep 20, 2018
Canada fails in bid to set aside unfavourable NAFTA award from Bilcon quarry dispute – damages ruling looms in $443 million compensation fight May 2, 2018
Damages claims come to light as parties prep for hearings in controversial NAFTA quarry case, Clayton/Bilcon v. Canada Feb 12, 2018
Canada hopes that Federal Court will overturn NAFTA tribunal’s controversial decision in Nova Scotia quarry case (Bilcon v. Canada) Jun 17, 2015
Arbitrators in Clayton/Bilcon case align on jurisdictional questions, but fall out over Canada’s liability for NAFTA breach in $300 million quarry fight Mar 21, 2015
Majority of NAFTA Chapter 11 tribunal finds national treatment and minimum standard breaches in environmental review of controversial Nova Scotia quarry Mar 21, 2015
In NAFTA dissent, Donald McRae sees chilling effect – and “remarkable step backwards in environmental protection” – due to majority ruling Mar 21, 2015
Canada’s NAFTA Chapter 11 claims: An update on eight cases, including Lone Pine (fracking), Eli Lilly and Windstream Energy Jan 30, 2015
As NAFTA hearings set to be web-streamed in quarry dispute, IAReporter reviews latest pleadings, including arguments on attribution, time limits, discrimination and due process Oct 16, 2013
Canada expands on defences to NAFTA claim over environmental assessment of Nova Scotia quarry; government says regulatory goals and project differences may justify different treatments for different projects May 21, 2012
Investors in Nova Scotia quarry lay out legal arguments in NAFTA claim against Canada Nov 22, 2011
ANALYSIS: Slow Gov’t decision-making, on environment & approvals, a breach of treaty obligations to foreign investors? Sep 19, 2009
Canada sets out arguments in NAFTA claim arising out of environmental assessment of quarry and shipping project Sep 19, 2009
NAFTA quarrying and shipping claim against Canada will be open to the public May 27, 2009
Tribunal selected to hear NAFTA claim between Canada and US investors in proposed quarrying and shipping scheme Feb 10, 2009
U.S. investors launch NAFTA claim against Canada over conduct of environmental assessment of quarry project Jul 27, 2008