Procedural Posture and Scope

This document is a Correction of Award issued by an arbitral tribunal constituted under the CUSMA, NAFTA, and the 2013 UNCITRAL Rules. The decision addresses a request by the Respondent, the Government of Canada, to correct several alleged clerical and typographical errors in the Tribunal's Award of 20 April 2026, pursuant to Article 38 of the UNCITRAL Rules.

Analysis of Disputed Correction

While the parties agreed to most of the proposed corrections, a dispute arose over the Respondent's request to amend a date in paragraph 177(a)(i) of the Award from “4 May 2017” to “4 May 2015”. The Respondent contended the 2017 date was a factual error, as the correct Milestone Commercial Operation Date (MCOD) was in 2015. The Claimant opposed this specific correction, arguing that while the date was not the MCOD, the paragraph accurately reflected the Claimant's prior submission in the arbitration. The Claimant's position was that changing the date would substantively alter the meaning of the sentence, which correctly captured its argument regarding a different contractual deadline.

Tribunal's Decision and Operative Part

The Tribunal denied the Respondent's request to correct the date in paragraph 177(a)(i). It reasoned that the paragraph, as written, was an accurate representation of the submission made by the Claimant in its Reply. The Tribunal found that amending the date would mischaracterize the Claimant's recorded argument, and therefore, there was no error in the Award to be corrected in this respect. The Tribunal did, however, grant all other non-disputed requests for correction. The document enumerates thirteen specific corrections of a clerical nature that were implemented, confirming that the remainder of the 20 April 2026 Award remains unchanged.