Originally from the Journal of Damages in International Arbitration

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BILCON OF DELAWARE ET AL. V.  GOVERNMENT OF CANADA, PCA CASE NO. 2009-04
AWARD ON JURISDICTION AND LIABILITY, MARCH 17, 2015 
AWARD ON DAMAGES, JANUARY 10, 2019 

The Parties
William Richard Clayton, Douglas Clayton, Daniel Clayton, and Bilcon of Delaware, Inc. (the “Investors”), the Government of Canada (the “Respondent”)

Sector
Mining

Applicable Treaty
North American Free Trade Agreement (“NAFTA”)

Members of the Tribunal
Judge Bruno Simma (President), Professor Bryan Schwartz (Investors’ appointee), and Professor Donald McRae (Respondent’s appointee)

I.  BACKGROUND

Bilcon of Delaware Inc. (“Bilcon”), a U.S. company controlled by William Ralph Clayton, William Richard Clayton, Douglas Clayton, and Daniel Clayton, undertook to invest in the development of a quarry and marine terminal at Whites Point quarry, in Digby County, Nova Scotia (the “Whites Point Project”).