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
-08/01/02 Second Post-Hearing Submission of the Investor Responding to Article 1128 Post Hearing Submissions of Canada & Mexico
-07/22/02 Mexico Second 1128 Submission
-07/19/02 Canada Second 1128 Submission
-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
-06/27/02 Post-Hearing Submission of Respondent United States of America on Article 1105(1) and Pope & Talbot
-04/18/02 Transcript of Hearing on Competence and Liability (Uncorrected)
-04/17/02 Transcript of Hearing on Competence and Liability (Uncorrected)
-04/16/02 Transcript of Hearing on Competence and Liability (Uncorrected)
-04/15/02 Transcript of Hearing on Competence and Liability (Uncorrected)
-03/29/02 U.S. Rejoinder on Competence and Liability
-01/28/02 ADF Reply to U.S. Counter-Memorial
-01/18/02 Canada First 1128 Submission
-01/18/02 Mexico First 1128 Submission
-11/29/01 U.S. Counter-Memorial on Competence & Liability
-10/04/01 Third Procedural Order (Request for Documents)
-09/04/01 U.S. Final Observations on Document Request
-08/24/01 ADF Response to U.S. Objections to Document Request
-08/17/01 U.S. Objections to Document Request
-08/03/01 ADF Motion for Production of Documents
-08/01/01 ADF Memorial
-07/01/01 Second Procedural Order (Place of Arbitration)
-04/16/01 U.S. Final Observations on Place of Arbitration
-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
-02/03/01 Minutes of the First Session of the Tribunal
-07/19/00 Notice of Arbitration