Mesa Power Group, LLC v Canada, Award, PCA Case No 2012-17, ICGJ 505 (PCA 2016), 24th March 2016, Permanent Court of Arbitration [PCA]
Whether the Claimant was an ‘investor’ for the purpose of Article 1116 of the North American Free Trade Agreement (‘NAFTA’).
Whether the actions of the Respondent of which the Claimant complained were ‘measures’ under Article 1101 of NAFTA.
Whether the six-month waiting period between the ‘events giving rise to a claim’ and submission of that claim to arbitration required under Article 1120(1) of NAFTA required six months to have elapsed between at least some of the events relating to which the complaint was made and submission, or whether it required six months to have elapsed between the completion of all relevant events and submissions.
Whether Article 1503(2) of NAFTA displaced Article 5 of the International Law Commission Articles on Responsibility of States for Internationally Wrongful Acts for the purposes of attribution of the conduct of state enterprises.
Whether the relevant actions of the Ontario Power Authority (‘OPA’), Hydro One, Inc, and the Independent Electricity System Operator were attributable to Canada under Article 1503(2) of NAFTA.
Whether the Feed-In Tariff programme run by the OPA constituted procurement under Article 1108 of NAFTA.
To what standard of treatment the Claimant was entitled under the international minimum standard of treatment, incorporated under Article 1105(1) of NAFTA.
Whether the Respondent’s treatment of the Claimant fell below the level guaranteed by the international minimum standard of treatment.