The Loewen Group, Inc. and Raymond L. Loewen v. United States of America

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.

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 access.adobe.com.  Adobe also offers accessibility tools to allow visually disabled users to read documents in Adobe PDF format.

 

09/13/04  Decision on Respondent's Request for a Supplementary Decision
01/09/04  Raymond Loewen Rejoinder Submission on Request for Supplemental Decision
12/19/03  U.S. Reply Submission on Request for Supplemental Decision
09/19/03  Raymond Loewen Submission on Request for Supplementary Decision
08/11/03  U.S. Request for Supplementary Decision
06/26/03  Award
07/19/02  Loewen Response to Article 1128 Submissions
07/19/02  U.S. Response to Article 1128 Submissions
07/02/02  Mexico Third 1128 Submission
06/27/02  Canada Second 1128 Submission
05/24/02  TLGI Rejoinder on Matters of Jurisdiction and Competence
04/26/02  U.S. Reply on Matters of Competence Arising from Restructuring of TLGI
03/29/02  TLGI Counter-Memorial on Matters of Jurisdiction and Competence
03/01/02  U.S. Memorial on Matters of Competence Arising from Restructuring of TLGI
12/07/01  Claimants Response to Article 1128 Submissions
12/07/01  U.S. Response to 1128 Submissions
11/19/01  Canada 1128 Submission
11/09/01  Mexico Second 1128 Submission
08/27/01  U.S. Rejoinder
06/08/01  Claimants Joint Reply
03/30/01  U.S. Counter Memorial
01/05/01  Loewen Decision on Competence and Jurisdiction
10/16/00  Mexico First 1128 Submission
10/30/98  Notice of Arbitration