Pope & Talbot, Inc., a U.S. investor with a Canadian subsidiary that operates softwood lumber mills in British Columbia, claimed against Canada under the UNCITRAL rules alleging that Canada's implementation of the U.S.-Canada Softwood Lumber Agreement violates NAFTA provisions 1102 (national treatment), 1105 (minimum standard of treatment), 1106 (performance requirements) and 1110 (expropriation). Under the Softwood Lumber Agreement, Canada agreed to charge a fee on exports of softwood lumber in excess of a certain number of board feet. According to Pope & Talbot, Canada's allocation of the fee-free quota was unfair and inequitable. Pope & Talbot initially alleged damages totaling over US$507 million.
On January 26, 2000, the tribunal issued an interim award rejecting jurisdictional challenges by Canada. The tribunal issued a partial award on June 26, 2000 that dismissed the investor's claims under Articles 1106 and 1110. The tribunal issued an award on the merits on April 10, 2001 that rejected the investor's Article 1102 claim, but found that Canada breached Article 1105.
On May 31, 2002, the tribunal awarded the investor U.S. $461,566 in damages and interest. On November 26, 2002, the tribunal issued a final award on costs.
For further information and documents concerning this claim, click here.
-01. First U.S. 1128 Submission
-02. Second U.S . 1128 Submission [73 Kb]
-03. Third U.S. 1128 Submission [90 Kb]
-04. Fourth U.S. 1128 Submission [108 Kb]
-05. Fifth U.S. 1128 Submission [79 Kb]
-06. Sixth U.S. 1128 Submission [71 Kb]
-07. Seventh U.S. 1128 Submission [83 Kb]
-08. Eighth U.S. 1128 Submission [595 Kb]