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Diplomacy in Action

Canfor Corporation v. United States of America

Canfor Corporation, a Canadian forest products company, has delivered a notice of arbitration under the UNCITRAL Arbitration Rules on its own behalf for losses allegedly suffered as a result of certain U.S. antidumping, countervailing duty and material injury determinations on softwood lumber. The U.S. Department of Commerce issued final antidumping and countervailing duty determinations on softwood lumber in March 2002. In May 2002, the U.S. International Trade Commission issued a final determination that the U.S. softwood lumber industry was threatened with material injury by reason of imports from Canada of softwood lumber. As a result of those determinations, a Canfor subsidiary is required to pay increased duties on softwood lumber products imported to the United States.

Canfor's notice alleges that the United States, by virtue of these determinations, has breached NAFTA Chapter Eleven by not according it national treatment (Art. 1102) or most-favored nation treatment (Art. 1103); by not according it treatment in accordance with international law (Art. 1105); and by expropriating its investment without compensation (Art. 1110). The notice claims damages of not less than $250 million.

On September 7, 2005 this case was consolidated with Tembec, Inc. et al. v. United States of America and Terminal Forest Products Ltd. v. United States of America.  For more information on these claims, click here.

NOTE:  To view the individual case reports, you will need Adobe Acrobat Reader installed on your computer. It is available for download, at no cost, at  Adobe also offers accessibility tools to allow visually disabled users to read documents in Adobe PDF format.

-12/09/04   Hearing Transcript-Day Three  [174k]
-12/08/04   Hearing Transcript-Day Two  [336k]
-12/07/04   Hearing Transcript-Day One [362k]
-09/24/04   Canfor Rejoinder on Jurisdiction
-08/06/04   U.S. Reply on Jurisdiction
-05/28/04   Procedural Order No. 5
-05/14/04   Canfor Reply on Jurisdiction
-03/26/04   Procedural Order No. 4
-02/27/04   U.S. Statement of Defense on Jurisdiction
-01/23/04   Decision on the Place of Arbitration, Filing of a Statement of Defence and Bifurcation of the Proceedings
-12/11/03   U.S. Rejoinder Submission on Place of Arbitration and Bifurcation
-12/03/03   Canfor Reply Submission on Place of Arbitration and Bifurcation
-11/25/03   U.S. Submission on Place of Arbitration and Bifurcation
-11/11/03   Canfor Submission on Place of Arbitration and Bifurcation
-11/03/03   Minutes of the Organizational Hearing of Oct. 28, 2003
-11/03/03   Procedural Order No. 1
-11/03/03   Procedural Order No. 2
-10/16/03   U.S. Objection to Jurisdiction
-07/09/02   Canfor Notice of Arbitration and Statement of Claim


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