Back

Procedural Issue Substantive Issue

Year the case was initiated1998
Year the award was rendered2003
Country involvedUnited States
Home country of the investorCanada
Parties to the disputeThe Loewen Group, Inc. & Raymond L. Loewen v. United States of America (ICSID Case No. ARB(AF)/98/3)
Sector3
Type of investmentfuneral home operation
Nature of dispute / claimclaim arising out of jury award in US court against Canadian-owned companies involved in death-care industry
Legal instrumentNAFTA
Rules / VenuesICSID AF
Amount sought by investornot less than US$ 725 million
Amount awarded / status of disputeclaim dismissed in its entirety
ArbitratorsDecision on Jurisdiction (2001): Anthony Mason (Chair); Yves Fortier; Judge Abner J. Mikva
Final Award (2003): Sir Anthony Mason; Judge Abner J. Mikva; Lord Mustill
Decisions renderedDecision on Competence and Jurisdiction issued on 5 January 2001;
Final Award issued on 26 June 2003
Statusawarded in favor of the state
Linkshttp://ita.law.uvic.ca/documents/Loewen-Jurisdiction-2.pdf http://ita.law.uvic.ca/documents/Loewen-Award-2.pdf
Commentary (if any)
Special features