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TC Energy Corporation and TransCanada Pipelines Limited v. United States of America (II), ICSID Case No. ARB/21/63

New
Short Name:

TC Energy and TransCanada v. United States (II)

Case Type:
International Investment Agreement (Investor–State)
Applicable Procedural Rules:
ICSID Convention Arbitration Rules (2006)
Applicable Treaty:
North American Free Trade Agreement (1992), United States-Mexico-Canada Agreement (USMCA) (2018), United States-Mexico-Canada Agreement (2020)
Applicable Legal Instruments:
North American Free Trade Agreement (1992), United States-Mexico-Canada Agreement (2018)
Economic Sector:
Mining and Quarrying Including Hydrocarbons (Oil and Gas)
Outcome:
In Favour of Respondent(s)
Other Remedy:
The Tribunal ordered the Claimants to compensate the Respondents for their costs in anamount of USD $300,594.41 and USD $1,181,524.88.
See case mapped on Investor-State LawGuide

Available documents

22 Nov 2021
Request for Arbitration
Document Details:
PARTICIPANTS
Request for Arbitration
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
James E. Mendenhall, Jennifer Haworth McCandless, Eric M. Solovy
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Request for Arbitration
This summary note is machine-generated. Always consult the original materials.


12 Dec 2022
Procedural Order No. 1
Document provided by: ICSID
Document Details:
PARTICIPANTS
Procedural Order No. 1
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Alexis Mourre
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
James E. Mendenhall, Jennifer Haworth McCandless, Eric M. Solovy, James P. White, Alex L. Young
Respondent's counsel
Nicole C. Thornton, Nathaniel E. Jedrey, Melinda E. Kuritzky, Mary T. Muino, Alvaro J. Peralta, David J. Stute, Isaac D. Webb, Lisa J. Grosh, John D. Daley
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Gonzalo Flores
Tribunal assistant
Valentine Chessa
Country
Print reporter
Entities
Document Summary
Procedural Order No. 1
This summary note is machine-generated. Always consult the original materials.


11 Jan 2023
Respondent’s Request for Bifurcation
Document provided by: ICSID
Document Details:
PARTICIPANTS
Respondent’s Request for Bifurcation
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Respondent’s Request for Bifurcation
This summary note is machine-generated. Always consult the original materials.


8 Feb 2023
Confidentiality Order
Document provided by: ICSID
Document Details:
PARTICIPANTS
Confidentiality Order
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Alexis Mourre, Henri C. Alvarez, John R. Crook
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Confidentiality Order
This summary note is machine-generated. Always consult the original materials.


10 Feb 2023
Claimants’ observations on bifurcation request
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Claimants’ observations on bifurcation request
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Claimants’ observations on bifurcation request
This summary note is machine-generated. Always consult the original materials.


2 Mar 2023
Respondent’s Reply to Claimants’ Observations on Respondent’s Request for Bifurcation
Document provided by: ICSID
Document Details:
PARTICIPANTS
Respondent’s Reply to Claimants’ Observations on Respondent’s Request for Bifurcation
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Respondent’s Reply to Claimants’ Observations on Respondent’s Request for Bifurcation
This summary note is machine-generated. Always consult the original materials.


22 Mar 2023
Claimants’ Rejoinder on Respondent’s Request for Bifurcation
Document provided by: ICSID
Document Details:
PARTICIPANTS
Claimants’ Rejoinder on Respondent’s Request for Bifurcation
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Claimants’ Rejoinder on Respondent’s Request for Bifurcation
This summary note is machine-generated. Always consult the original materials.


13 Apr 2023
Procedural Order No. 2
Document provided by: ICSID
Document Details:
PARTICIPANTS
Procedural Order No. 2
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Alexis Mourre, Henri C. Alvarez, John R. Crook
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 2
This summary note is machine-generated. Always consult the original materials.


12 Jun 2023
The United States of America's Memorial on its Preliminary Objection
Document provided by: ICSID
Document Details:
PARTICIPANTS
The United States of America's Memorial on its Preliminary Objection
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
The United States of America's Memorial on its Preliminary Objection
This summary note is machine-generated. Always consult the original materials.


11 Aug 2023
Claimant's Counter Memorial On Preliminary Objections
Document provided by: ICSID
Document Details:
PARTICIPANTS
Claimant's Counter Memorial On Preliminary Objections
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Claimant's Counter Memorial On Preliminary Objections
This summary note is machine-generated. Always consult the original materials.


11 Sep 2023
Mexico's Intervenor Submission
Document provided by: ICSID
Document Details:
PARTICIPANTS
Mexico's Intervenor Submission
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
John R. Crook
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Mexico's Intervenor Submission
This summary note is machine-generated. Always consult the original materials.


6 Nov 2023
Procedural Order No. 3
Document provided by: ICSID
Document Details:
PARTICIPANTS
Procedural Order No. 3
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Henri C. Alvarez, John R. Crook
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 3
This summary note is machine-generated. Always consult the original materials.


11 Dec 2023
Procedural Order No. 4
Document provided by: ICSID
Document Details:
PARTICIPANTS
Procedural Order No. 4
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Henri C. Alvarez, John R. Crook
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 4
This summary note is machine-generated. Always consult the original materials.


27 Dec 2023
Respondent's Reply on its Preliminary Objection
Document provided by: ICSID
Document Details:
PARTICIPANTS
Respondent's Reply on its Preliminary Objection
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Respondent's Reply on its Preliminary Objection
This summary note is machine-generated. Always consult the original materials.


18 Jan 2024
Privilege Master's Report
Document provided by: ICSID
Document Details:
PARTICIPANTS
Privilege Master's Report
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Privilege Master's Report
This summary note is machine-generated. Always consult the original materials.


30 Jan 2024
Addendum to the Privilege Expert's Report
Document provided by: ICSID
Document Details:
PARTICIPANTS
Addendum to the Privilege Expert's Report
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Addendum to the Privilege Expert's Report
This summary note is machine-generated. Always consult the original materials.


9 Feb 2024
Claimants Rejoinder on Respondent Preliminary Objection
Attachment A
Attachment B
Document provided by: ICSID
Document Details:
PARTICIPANTS
Claimants Rejoinder on Respondent Preliminary Objection
Attachment A
Attachment B
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Claimants Rejoinder on Respondent Preliminary Objection
Attachment A
Attachment B
This summary note is machine-generated. Always consult the original materials.


9 Feb 2024
Supplement to the Privilege Expert's Report
Document provided by: ICSID
Document Details:
PARTICIPANTS
Supplement to the Privilege Expert's Report
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Supplement to the Privilege Expert's Report
This summary note is machine-generated. Always consult the original materials.


12 Jul 2024
Award
Document provided by: ICSID
Document Details:
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
James E. Mendenhall, David Roney, Riana M. Terney, Angela Ting, Mine Orer, Gavin Cunningham, Jennifer Haworth McCandless, Eric M. Solovy, Noah Goldberg, James P. White, Alex L. Young
Respondent's counsel
Steven F. Fabry, Lisa J. Grosh, John D. Daley, David M. Bigge, Nathaniel E. Jedrey, Melinda E. Kuritzky, Mary T. Muino, Alvaro J. Peralta, David J. Stute, Julia H. Brower, Nicole C. Thornton, Isaac D. Webb, Samuel Childerson, Eva Dantzler, Teshia Ferguson, Audrey Stone, Catherine H. Gibson, Anjani Nadadur, Brandon Whitehill
Other counsel
Claimant's expert
Christoph H. Schreuer
Respondent's expert
Hervé Ascensio, Richard K. Gardiner
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Gonzalo Flores
Tribunal assistant
Valentine Chessa
Country
Print reporter
Entities
This summary note is machine-generated. Always consult the original materials.


12 Jul 2024
Dissenting Opinion of Arbitrator Henri C. Alvarez
Document Details:
PARTICIPANTS
Dissenting Opinion of Arbitrator Henri C. Alvarez
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Henri C. Alvarez
Respondent appointee
Respondent appointee:
John R. Crook
Tribunal/Panel chair
Chair/President:
Alexis Mourre
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
James E. Mendenhall, David Roney, Riana M. Terney, Angela Ting, Mine Orer, Gavin Cunningham
Respondent's counsel
Steven F. Fabry, Lisa J. Grosh, John D. Daley, David M. Bigge, Nathaniel E. Jedrey, Melinda E. Kuritzky, Mary T. Muino, Alvaro J. Peralta, David J. Stute, Julia H. Brower
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Dissenting Opinion of Arbitrator Henri C. Alvarez
This summary note is machine-generated. Always consult the original materials.


16 Jul 2024
Claimant's Press Release on Final Award
Document Details:
PARTICIPANTS
Claimant's Press Release on Final Award
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Claimant's Press Release on Final Award
This summary note is machine-generated. Always consult the original materials.