S.D. Myers, Inc. v. Government of Canada
S.D. Myers, Inc., an Ohio corporation that processes and disposes of PCB waste, filed claims against Canada under the UNCITRAL Rules on October 30, 1998 for alleged violations of NAFTA Articles 1102, 1105, 1106 and 1110 arising out of Canada's ban on the export of PCB wastes from Canada to the United States in late 1995. S.D. Myers claims that, as a result of the ban, it "suffered economic harm to its investment through interference with its operations, lost contracts and opportunities in Canada."
A hearing on the merits was held in Toronto on February 14-16, 2000. An interim award issued on November 13, 2000 found for the investor with respect to the Article 1102 and 1105 claims but in favor of Canada in all other respects. A hearing on damages was held in September, 2001. An award on damages was issued on October 21, 2002 and a final award on costs was issued on December 30, 2002. Canada has petitioned the federal court in Ottawa to set aside these arbitral awards.
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