ADF Group Inc. ("ADF"), a Canadian corporation that designs, engineers, fabricates and erects structural steel, has filed a claim under the ICSID Arbitration (Additional Facility) Rules on its own behalf and on behalf of ADF International Inc., its Florida subsidiary. ADF claims damages for alleged injuries resulting from the federal Surface Transportation Assistance Act of 1982 and the Department of Transportation's implementing regulations, which require that federally-funded state highway projects use only domestically produced steel.
ADF claims violations of the national treatment requirement of Article 1102, the minimum standard of treatment requirement of Article 1105(1), and the prohibition against performance requirements contained in Article 1106. It seeks $90 million in damages.
On January 9, 2003, the tribunal dismissed ADF's claims against the United States in their entirety. The tribunal's award, and other documents in the case, appear below.
For the media note on the award, click here.
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Award of January 9, 2003
-08/01/02 Final Post-Hearing Submission of Respondent United States of America on Article 1105(1) and Pope & Talbot [47 Kb]
-08/01/02 Second Post-Hearing Submission of the Investor Responding to Article 1128 Post Hearing Submissions of Canada & Mexico [20 Kb]
-07/22/02 Mexico Second 1128 Submission [66 Kb]
-07/19/02 Canada Second 1128 Submission [75 Kb]
-07/11/02 Post-Hearing Submission of the Claimant ADF Group Inc. on NAFTA Article 1105(1) and the Damages Award in Pope & Talbot and Canada [72 Kb]
-06/27/02 Post-Hearing Submission of Respondent United States of America on Article 1105(1) and Pope & Talbot [62 Kb]
-04/18/02 Transcript of Hearing on Competence and Liability (Uncorrected) [190 Kb]
-04/17/02 Transcript of Hearing on Competence and Liability (Uncorrected) [202 Kb]
-04/16/02 Transcript of Hearing on Competence and Liability (Uncorrected) [260 Kb]
-04/15/02 Transcript of Hearing on Competence and Liability (Uncorrected) [345 Kb]
-03/29/02 U.S. Rejoinder on Competence and Liability [115 Kb]
-01/28/02 ADF Reply to U.S. Counter-Memorial [362 Kb]
-01/18/02 Canada First 1128 Submission [34 Kb]
-01/18/02 Mexico First 1128 Submission [287 Kb]
-11/29/01 U.S. Counter-Memorial on Competence & Liability [596 Kb]
-10/04/01 Third Procedural Order (Request for Documents) [117 Kb]
-09/04/01 U.S. Final Observations on Document Request [120 Kb]
-08/24/01 ADF Response to U.S. Objections to Document Request [143 Kb]
-08/17/01 U.S. Objections to Document Request [157 Kb]
-08/03/01 ADF Motion for Production of Documents [136 Kb]
-08/01/01 ADF Memorial [462 Kb]
-07/01/01 Second Procedural Order (Place of Arbitration) [115 Kb]
-04/16/01 U.S. Final Observations on Place of Arbitration [475 Kb]
-04/02/01 ADF Reply on Place of Arbitration
-03/19/01 U.S. Submission on Place of Arbitration
-02/26/01 ADF Submission on Place of Arbitration [289 Kb]
-02/03/01 Minutes of the First Session of the Tribunal
-07/19/00 Notice of Arbitration [818 Kb]