Pursuant to Article 36 of the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (the “Convention”), Rules 1 and 2 of the Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (“Institution Rules”), and Articles 1116(1), 1117(1) and 1120(1)(a) of the North American Free Trade Agreement (“NAFTA”), Mobil Investments Canada Inc. (the “Claimant”), on its own behalf and on behalf of its enterprises ExxonMobil Canada Properties and ExxonMobil Canada Hibernia Company Ltd., hereby respectfully requests that the Secretary-General of the International Centre for Settlement of Investment Disputes (the “Centre”) register this arbitration against Respondent the government of Canada (“Canada”) concerning the claims stated herein.

I. INTRODUCTION

1. When it became a party to NAFTA in 1994, Canada undertook a specific obligation with respect to petroleum development projects off the coasts of Newfoundland and Labrador. At that time, Canada had in place a local content requirement for such projects that was contrary to the NAFTA’s prohibition of performance requirements. Canada’s treaty partners allowed it to keep the local content requirement that existed in 1994, but they did so based on Canada’s explicit obligation not to put into place any new local content requirement or make the existing one in 1994 more restrictive.