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2016
TransCanada v. USA TransCanada Corporation and TransCanada PipeLines Limited v. United States of America (ICSID Case No. ARB/16/21)
Applicable IIA
Nationality of the parties
United States of America
Canada
Summary of matters at issue
Interests in the Keystone XL Pipeline project; ownership and/or control of nine U.S. enterprises, including TransCanada Keystone Pipeline, L.P. (“Keystone”), and other assets.
Claims arising out of the denial of the application for a Presidential Permit to construct the Keystone XL Pipeline, a proposed 1,897 km crude oil pipeline from Alberta (Canada) to Nebraska (United States), and the Government’s actions leading to that denial.
Economic sector and subsector
Tertiary: H - Transportation and storage
Tertiary: F - Construction
49 - Land transport and transport via pipelines
42 - Civil engineering
Arbitral rules and administering institution
ICSID (International Centre for Settlement of Investment Disputes)
ICSID (International Centre for Settlement of Investment Disputes)
Composition of tribunal
Haigh, D.
Murphy, S. D.
Name not available
Status/Outcome of original proceedings
Settled
Amount of compensation
15000.00 mln USD (15000.00 mln USD)
Non-pecuniary relief
IIA breaches alleged/found
National treatment

Most-favoured nation treatment

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Not applicable - settled or discontinued before decision on liability
Follow-on proceedings
None
Link to Italaw's case page