Glamis Gold Ltd., Claimant v. The United States of America
International Centre for Settlement of Investment Disputes
Procedural Order No. 2 (2005)
- Written by Whitney Waldenberg, JD
Facts
Glamis Gold Ltd. (Glamis) (plaintiff), a Canadian mining company and investor in rights to mine gold in California, commenced arbitration proceedings before a North American Free Trade Agreement (NAFTA) tribunal against the United States government (defendant) as well as the state of California (defendant). Glamis alleged that government regulations imposed by the United States and California denied it fair and equitable treatment under NAFTA, and that the governments had effectively expropriated Glamis’s right to reap the benefits of its mining investment. The United States filed two objections to the jurisdiction of the arbitral tribunal. First, the United States argued that certain acts of the United States were time barred from consideration. Next, the United States argued that Glamis’s claims regarding acts by California were not ripe, because Glamis could not yet demonstrate that Glamis incurred a loss as a result of California’s measures. The United States also sought to bifurcate the proceeding into two phases: a phase to determine jurisdiction and a phase to determine the merits of the claims.
Rule of Law
Issue
Holding and Reasoning (Young, J.)
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