The Loewen Group, Inc. ("TLGI"), a Canadian corporation involved in the death-care industry, and Raymond L. Loewen, its chairman and CEO at the time of the events at issue, have filed claims under the ICSID Additional Facility Rules in their individual capacities and on behalf of Loewen Group International, Inc., TLGI's U.S. subsidiary (collectively "Loewen"). Loewen seeks damages for alleged injuries arising out of litigation in which the company was involved in Mississippi state courts in 1995-96.
Loewen alleges violations of three provisions of NAFTA - the anti-discrimination principles set forth in Article 1102, the minimum standard of treatment required under Article 1105, and the prohibition against uncompensated expropriation set forth in Article 1110. Loewen requests damages in excess of $725 million.
The United States objected to the jurisdiction and competence of the tribunal. In a decision issued on January 9, 2001, the tribunal rejected one of the United States' objections to jurisdiction, and decided to hear the other objections with the merits of the case. The tribunal will issue a decision on those other jurisdictional objections when it issues a decision on the merits of the case.
In October 2001, the tribunal held a hearing on liability and on those other jurisdictional objections.
In January 2002, the United States objected to the continuing competence of the tribunal over the claims of The Loewen Group, Inc., on the ground that The Loewen Group, Inc., had completed a corporate reorganization that resulted in a discontinuity of the attributes of a claimant necessary to maintain a claim under NAFTA Chapter Eleven. A hearing on the United States' objection was scheduled for June 2002.
On June 26, 2003, the tribunal dismissed the claims against the United States in their entirety. The tribunal's award appears below, along with other documents in the case.
For the press release on the award, click here.
For information relating to Raymond L. Loewen's motion to vacate the Tribunal's Award, click here.
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Decision on Respondent's Request for a Supplementary Decision
-01/09/04 Raymond Loewen Rejoinder Submission on Request for Supplemental Decision [136 Kb]
-12/19/03 U.S. Reply Submission on Request for Supplemental Decision [156 Kb]
-09/19/03 Raymond Loewen Submission on Request for Supplementary Decision [158 Kb]
-08/11/03 U.S. Request for Supplementary Decision [39 Kb]
-06/26/03 Award [594 Kb]
-07/19/02 Loewen Response to Article 1128 Submissions [199 Kb]
-07/19/02 U.S. Response to Article 1128 Submissions [112 Kb]
-07/02/02 Mexico Third 1128 Submission [53 Kb]
-06/27/02 Canada Second 1128 Submission [74 Kb]
-05/24/02 TLGI Rejoinder on Matters of Jurisdiction and Competence [118 Kb]
-04/26/02 U.S. Reply on Matters of Competence Arising from Restructuring of TLGI [287 Kb]
-03/29/02 TLGI Counter-Memorial on Matters of Jurisdiction and Competence [393 Kb]
-03/01/02 U.S. Memorial on Matters of Competence Arising from Restructuring of TLGI [173 Kb]
-12/07/01 Claimants Response to Article 1128 Submissions [190 Kb]
-12/07/01 U.S. Response to 1128 Submissions [94 Kb]
-11/19/01 Canada 1128 Submission
-11/09/01 Mexico Second 1128 Submission [84 Kb]
-08/27/01 U.S. Rejoinder [520 Kb]
-06/08/01 Claimants Joint Reply
-03/30/01 U.S. Counter Memorial [558 Kb]
-01/05/01 Loewen Decision on Competence and Jurisdiction [753 Kb]
-10/16/00 Mexico First 1128 Submission [1010 Kb]
-10/30/98 Notice of Arbitration [3836 Kb]