S.D. Myers Inc. vs. Canada
Treaty
North American Free Trade Agreement (NAFTA), Chapter 11
Economic sector
Water supply; sewerage, waste management and remediation activities
Dispute status
Concluded with award
RemarksThis case is reproduced pursuant to a proposal by the Government of Canada to publish on the Registry web page information in respect of cases brought against Canada under Chapter 11 of the North American Free Trade Agreement (NAFTA), with a view to illustrating the educational role played by the Registry as a global reference on transparency in treaty-based investor-State arbitration (see UNCITRAL Report, A/69/17, para. 108). Information published originates, and is reproduced here as received, from the archived content of the website of the Government of Canada, and the format may not allow usage of the search text function.
Applicable arbitration rules
UNCITRAL Arbitration Rules
Attached documents
| File | Original title | Type | Language | Date |
|---|---|---|---|---|
 myers-01.pdf | Notice of Intent | Other document | English | 1998-07-21 |
| myers-02.pdf | Notice of Arbitration | Notice of arbitration | English | 1998-10-30 |
| myers-03.pdf | Statement of Claim | Statement of Claim | English | 1998-10-30 |
| myers-04.pdf | Statement of Defence | Statement of Defence | English | 1999-06-18 |
| myers-05.pdf | S.D. Myers Reply | Additional written submissions | English | 1999-07-20 |
| myers-06.pdf | Memorial of S.D. Myers | Additional written submissions | English | 1999-07-20 |
| myers-07.pdf | Counter-Memorial of Canada | Additional written submissions | English | 1999-10-05 |
| myers-08.pdf | Supplemental Memorial of S.D. Myers | Additional written submissions | English | 1999-12-15 |
| myers-09.pdf | Supplementary Memorial of Canada | Additional written submissions | English | 1999-12-15 |
| myers-10.pdf | Procedural Orders | Other decision | English | |
| myers-11.pdf | Memorandum on U.S. Law on Behalf of Canada | Submissions by non-disputing party | English | 2000-01-14 |
| myers-12.pdf | S.D. Myers Reply to Canada's Supplemental Memorial | Additional written submissions | English | 2000-01-24 |
| myers-13.pdf | Canada's Reply to Supplemental Memorial of S.D. Myers | Additional written submissions | English | 2000-01-24 |
| myers-14.pdf | S D Myers Reply to 1128 Submission of Mexico | Additional written submissions | English | 2000-01-28 |
| myers-15.pdf | Reply Memorandum of S.D. Myers on US Law Issues | Additional written submissions | English | 2000-02-07 |
| myers-16.pdf | Tribunal Amendment to Procedural Order No. 5 | Other decision | English | 2000-04-02 |
| myers-17.pdf | Procedural Order No. 16 | Other decision | English | 2000-05-13 |
| myers-18.pdf | Partial Award | Award | English | 2000-11-13 |
| myers-19.pdf | Separate Opinion by Dr. Bryan Schwartz | Other document | English | 2000-11-12 |
| myers-20.pdf | S.D. Myers Summary on Damages | Additional written submissions | English | 2001-01-16 |
| myers-21.pdf | Application for a Stay of the Arbitral Proceedings | Additional written submissions | English | 2001-02-15 |
| myers-24.pdf | S.D. Myers Response to Canada's Submission Stay of Arbitration | Additional written submissions | English | 2001-02-16 |
| myers-23.pdf | Procedural Orders Nos. 17 and 18 | Other decision | English | 2001-02-26 |
| myers-25.pdf | Counter-Memorial of Canada (Damages Phase) | Additional written submissions | English | 2001-06-07 |
| myers-26.pdf | Procedural Order No. 19 | Other decision | English | 2001-06-25 |
| myers-28.pdf | Procedural Order No. 20 | Other decision | English | 2001-08-25 |
| myers-29.pdf | Rejoinder Memorial of Canada Damages Phase | Additional written submissions | English | 2001-08-31 |
| myers-31.pdf | U.S. 1128 Submission (Damages Phase) | Submissions by non-disputing party | English | 2001-09-18 |
| myers-32.pdf | Second Partial Award (Damages) | Award | English | 2002-10-21 |
| myers-34.pdf | Canada Memorial on Costs | Additional written submissions | English | 2002-11-04 |
| myers-35.pdf | Procedural Order No. 21 | Other decision | English | 2002-12-02 |
| myers-36.pdf | Final Award (concerning the apportionment of costs) | Award | English | 2002-12-30 |
| myers-37.pdf | Separate Opinion by Dr. Bryan Schwartz | Other document | English | 2002-12-30 |