In November 2018 the Mining Company Westmoreland Coal Company submitted a notice of arbitration and statement of claim under Chapter 11 of the North American Free Trade Agreement. In it, the company argued that it was unlawfully excluded from a scheme developed to compensate investors for losses associated with the Alberta government's Climate Leadership Plan, which accelerated the deadline for the phase out of coal power to 2030.
The company argued that, as the only US investor in Alberta's coal industry, it was excluded from the compensation scheme while Canadian companies were able to benefit from it. This was a violation of Article 1102 and Article 1105 of NAFTA, which guarantee investors domiciled in member states national treatment and guarantee fair and equitable dealings. The company acknowledged the Government's need to "enact regulations for the public good" but argued that they must also behave fairly to foreign investors.
Since the filing of the claim, Westmoreland Coal Company has been bought by Westmoreland Mining Holdings and the case is subject to ongoing questions regarding Westmoreland Mining's right to continue the proceedings.
|11/19/2018||Complaint||Download||Notice of Arbitration and Statement of Claim|