ICSID Bifurcates U.S. Coal Investors’ NAFTA Claims Against Canada

Mealey's (October 27, 2020, 2:08 PM EDT) -- WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal in a decision published Oct. 23 bifurcated Canada’s “temporal objections” from a U.S. coal mining investor’s claim against Canada for damages allegedly caused by Alberta’s carbon emissions regulations but declined to bifurcate Canada’s other jurisdictional and admissibility objections, which it said were too closely related to the merits (Westmoreland Mining Holdings, LLC v. Government of Canada, No. UNCT/20/3, ICSID)....