mapping the disputes
Occidental petroleum v. ecuador
Treaty: U.S.–Ecuador Bilateral Invest-
ment Treaty
Complaint: The cancellation of an oil
operating permit by the government,
under enormous pressure from In-
digenous Peoples and social movements
in the Andean nation and after the firm
had illegally sold a portion of the permit
to another firm, violated Occidental’s
protections against “indirect” exprop-
riation and was “disproportionate.”
DAMAGES sought: US$3 billion
Status: In 2012, an arbitration tribunal
sided with the company and awarded
Occidental US $1.7 billion in compensation,
the largest award in Latin America to that
point. The award was later reduced to US$1 billion.
Treaty: U.S.–Ecuador Bilateral Invest-
ment Treaty
Complaint: The cancellation of an oil
operating permit by the government,
under enormous pressure from In-
digenous Peoples and social movements
in the Andean nation and after the firm
had illegally sold a portion of the permit
to another firm, violated Occidental’s
protections against “indirect” exprop-
riation and was “disproportionate.”
DAMAGES sought: US$3 billion
Status: In 2012, an arbitration tribunal
sided with the company and awarded
Occidental US $1.7 billion in compensation,
the largest award in Latin America to that
point. The award was later reduced to US$1 billion.
Westmoreland v. Canada
Treaty: NAFTA/USMCA
Complaint: Alberta is phasing
out coal-powered electricity and
financially compensated local
power producers for the policy.
Westmoreland, a mining company
that produces no power in the
province, claims it should have
been compensated as well.
Damages sought: $407 million
CAD
Status: Notice of arbitration 2019,
ongoing
Treaty: NAFTA/USMCA
Complaint: Alberta is phasing
out coal-powered electricity and
financially compensated local
power producers for the policy.
Westmoreland, a mining company
that produces no power in the
province, claims it should have
been compensated as well.
Damages sought: $407 million
CAD
Status: Notice of arbitration 2019,
ongoing
Bilcon v. Canada
Treaty: NAFTA
Complaint: A rigorous federal-
provincial environmental assessment
that rejected the firm’s quarry proposal
was discriminatory and unfair and
expropriated Bilcon’s future earnings.
Damages sought: $440 million
Status: Tribunal awarded the firm
$7 million CDN plus interest accrued
since October 2007.
Treaty: NAFTA
Complaint: A rigorous federal-
provincial environmental assessment
that rejected the firm’s quarry proposal
was discriminatory and unfair and
expropriated Bilcon’s future earnings.
Damages sought: $440 million
Status: Tribunal awarded the firm
$7 million CDN plus interest accrued
since October 2007.
United states v. india
Treaty: GATT, TRIMs, SCM
Complaint: Local content
requirements on solar cells
and modules
Status: WTO Appellate
Body report finding against
India adopted October 2016
Treaty: GATT, TRIMs, SCM
Complaint: Local content
requirements on solar cells
and modules
Status: WTO Appellate
Body report finding against
India adopted October 2016
Plastics industry v. kenya
Treaty: Proposed U.S.–Kenya Free
Trade Agreement (negotiations suspended)
Complaint: A U.S. oil and chemicals lobby
group including Shell, Exxon, Total, Dupont
and Dow lobbied the U.S. government to use
the Trump-era trade deal to turn Kenya into
“a hub for supplying U.S.-made chemicals
and plastics to other markets in Africa
through this trade agreement.”
RESULT sought: Stopping Kenya and other
countries from adopting further bans on
plastic use and from abiding by new Basel
Convention restrictions on importing plastic
waste from the United States, which is not a
party to the treaty.
Status: The Kenya–U.S. FTA talks are suspen-
ded, but the chill effect continues. The Biden
administration may take a different approach
to trade with Africa.
Treaty: Proposed U.S.–Kenya Free
Trade Agreement (negotiations suspended)
Complaint: A U.S. oil and chemicals lobby
group including Shell, Exxon, Total, Dupont
and Dow lobbied the U.S. government to use
the Trump-era trade deal to turn Kenya into
“a hub for supplying U.S.-made chemicals
and plastics to other markets in Africa
through this trade agreement.”
RESULT sought: Stopping Kenya and other
countries from adopting further bans on
plastic use and from abiding by new Basel
Convention restrictions on importing plastic
waste from the United States, which is not a
party to the treaty.
Status: The Kenya–U.S. FTA talks are suspen-
ded, but the chill effect continues. The Biden
administration may take a different approach
to trade with Africa.
Rockhopper v. Italy
Treaty: Energy Charter Treaty
Complaint: The UK company
disputes Italy’s decision not to give
it a permit to drill for gas off the
coast of Pescara.
Damages sought: US$279 million
Status: Decision was expected in
July 2021
Treaty: Energy Charter Treaty
Complaint: The UK company
disputes Italy’s decision not to give
it a permit to drill for gas off the
coast of Pescara.
Damages sought: US$279 million
Status: Decision was expected in
July 2021
RWE v. Netherlands
Treaty: Energy Charter Treaty,
ICSID Convention
Complaint: The planned closure of
coal-fired power plants will eliminate
future profits from burning coal.
Damages sought: 1.4 billion euros
Status: Notice of arbitration 2021,
ongoing
Treaty: Energy Charter Treaty,
ICSID Convention
Complaint: The planned closure of
coal-fired power plants will eliminate
future profits from burning coal.
Damages sought: 1.4 billion euros
Status: Notice of arbitration 2021,
ongoing
INDIA V. UNITED STATES
Treaty: GATT, TRIMs, SCM
Complaint: Domestic content
requirements and subsidies on
clean energy projects in half a
dozen U.S. states
Status: WTO Dispute Panel
report finding that the U.S.
measures were discriminatory
contra GATT rules circulated
September 2019 (appeal
pending).
Treaty: GATT, TRIMs, SCM
Complaint: Domestic content
requirements and subsidies on
clean energy projects in half a
dozen U.S. states
Status: WTO Dispute Panel
report finding that the U.S.
measures were discriminatory
contra GATT rules circulated
September 2019 (appeal
pending).
Eco Oro v. Colombia
Treaty: Canada–Colombia Free
Trade Agreement
Complaint: Colombia’s precautionary
ban on mining in the country’s sensitive
páramo mountain wetlands violates
the Canadian mining firm’s “legitimate
expectation” to profit from a mining
concession overlapping the protected
area.
Damages sought: US$700 million.
Status: WTO Appellate Body
report finding against Canada
adopted May 2013
Treaty: Canada–Colombia Free
Trade Agreement
Complaint: Colombia’s precautionary
ban on mining in the country’s sensitive
páramo mountain wetlands violates
the Canadian mining firm’s “legitimate
expectation” to profit from a mining
concession overlapping the protected
area.
Damages sought: US$700 million.
Status: WTO Appellate Body
report finding against Canada
adopted May 2013
Japan and the eu v.
canada
Treaty: GATT, TRIMs, SCM
Complaint: Local content
requirements in Ontario Green
Energy Act
Status: WTO Appellate Body
report finding against Canada
adopted May 2013
canada
Treaty: GATT, TRIMs, SCM
Complaint: Local content
requirements in Ontario Green
Energy Act
Status: WTO Appellate Body
report finding against Canada
adopted May 2013
TC ENERGY V. US
Treaty: USMCA
Complaint: Keystone XL cancellation
expropriated the firm’s investments
and future profits and violated “minimum
standard of treatment” guarantees.
Damages sought: US$15 billion
Status: Notice of arbitration June 2021,
ongoing
Treaty: USMCA
Complaint: Keystone XL cancellation
expropriated the firm’s investments
and future profits and violated “minimum
standard of treatment” guarantees.
Damages sought: US$15 billion
Status: Notice of arbitration June 2021,
ongoing
