2008
Clayton/Bilcon v. Canada Clayton and Bilcon of Delaware Inc. v. Government of Canada (PCA Case No. 2009-04)
Canada
United States of America
Ownership and control of the Canadian company Bilcon of Nova Scotia and a lease agreement entered by this company for the property on which a quarry and marine terminal were to be developed.
Claims arising out of the Government's rejection of the investors' project to operate a quarry and marine terminal in the Canadian province of Nova Scotia, following a negative environmental assessment process.
Primary: B - Mining and quarrying
8 - Other mining and quarrying
UNCITRAL
PCA (Permanent Court of Arbitration)
Simma, B.
Schwartz, B.
McRae, D. M.
Decided in favour of investor
443.40 mln USD
7.00 mln USD
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Most-favoured nation treatment
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment
Judicial review by national courts
Judicial review by national courts
Judicial review by national courts
Award/decision upheld
Judicial review by national courts
Award/decision upheld